How to arrange care for the elderly for an apartment? Features and deal options

Also, care for the elderly for the right to inherit housing is formalized in the formats of a will, donation or purchase and sale with the right of residence. But these options differ in one significant drawback - the lack of rights and obligations of both parties. The most profitable solution to the problem is a dependent annuity. It allows you to record the responsibility of each party to the agreement. And if a lawsuit arises, it will be much easier to achieve the truth.

Making a will

There are many such situations when a stranger caring for a grandmother is confident that the property will go to him in exchange for her apartment, because the old woman has drawn up a will with a notary.

No matter how it is! A will is the most uncertain type of transaction for a caregiver . And all because:

the testator can rewrite the will several times without notifying the person to whom the apartment is bequeathed. And if the relationship between the caregiver and the old woman has deteriorated, then the grandmother can safely change her point of view and change her will;
Often, after the death of an apartment owner, his relatives, whom the caring person has never even heard of, try to claim the rights to real estate. As a result, if he wants the apartment to go to him, there will be a long trial. And the court does not always side with the person to whom the apartment was bequeathed.

Making a will for a caregiver is convenient for the apartment owner. So, he receives sincere care and support, he disciplines the guardian.

But for a guardian, drawing up a will is not a suitable transaction option, because the old woman can change her mind at any time, change the will, or even sell the apartment. And then he will be left with nothing.

A person who wants to care for a lonely elderly person in an apartment must understand that if a pensioner in his old age is left completely alone, without relatives, friends and acquaintances, it means that he does not have such a simple character.

He can be conflicting and quarrelsome. Otherwise, such an old man would be surrounded by relatives, children, grandchildren, and friends.

Life Annuity Details

If the parties decide to draw up a life annuity agreement, they should know that the seller (ward) undertakes to transfer property (housing, transport) to the buyer (guardian). The life annuity is paid only in money.

The payer (renter, guardian) is obliged:

make payments in the specified amount;
index the amount of rent when inflation occurs;
It is better to make payments in the manner and within the terms specified in the agreement if the fact of transfer of money is documented.

The interests of the rentee take precedence and he can terminate the agreement unilaterally. The lessor has the right to terminate the contract if the rentee violates the terms of the agreement, making it impossible to obtain the property.

If the payer violates the contract, the seller has the right to demand the redemption price, provided that this provision is specified in the contract. When property is transferred free of charge, its value must be equal to the annual rental value.

This agreement is drawn up quite simply; there are no obligations to care for the rentee. The lessor immediately takes possession of the property, but must, based on the agreement, pay for it until the lessee dies.

Registration of a deed of gift for an apartment

Care for the elderly in exchange for an apartment can be documented by concluding a gift agreement . But in this case, unlike the previous one, the benefit will be on the side of the one caring for the elderly person.

After all, according to the donation agreement, the apartment becomes the property right during the pensioner’s lifetime. This means that the person who cares for the elderly becomes the full owner of the property.

And here the most interesting thing begins: if this person is decent, then, of course, he will continue to care for the pensioner. But if his thoughts are only about the poor old woman’s apartment, then he can even kick her out of the apartment.

Of course, the old woman can appeal this case in court, but this process is very lengthy and, moreover, expensive.

Encumbrance of an apartment

After the transaction is completed, the heir is issued ownership documents. But it should be borne in mind that full ownership of the property will begin only after the death of the current owner. This means that during the period the rent is valid, the payer must comply with the terms of the contract in the form of assistance to the old man, and the apartment receives an encumbrance. When care for a pensioner is terminated in exchange for an apartment due to the death of the owner, the encumbrance is also removed. For the new property owner, this means that he can dispose of the property at his own discretion without legal restrictions. But, again, there may be several recipients of the annuity, so the death of one of them does not imply the removal of the encumbrance.

Drawing up agreements on lifelong care for an apartment

It is best to document the care of single elderly people in exchange for an apartment by concluding a lifelong maintenance agreement with the right to inherit real estate.

This type of transaction is beneficial to both parties: both the one providing care and the one who needs this care.

There are two types of lifelong care agreement in exchange for an apartment:

Rent agreement.
Lifetime maintenance agreement.

Conclusion of a rent agreement

Under a rent agreement, one party (rent recipient) transfers property to the other party (rent payer) (Clause 1, Article 583 of the Civil Code of the Russian Federation).

In turn, the rent payer, in exchange for the property received, undertakes to periodically pay rent to the recipient.

Depending on the form in which maintenance funds will be provided (cash or in kind), the following types of rent are distinguished:

constant;
lifelong (lifelong maintenance agreement with dependents).

Under a lifelong maintenance agreement, one party (the alienator) transfers property to the second party (the acquirer) . In return, the acquirer undertakes to provide the alienator with lifelong maintenance or care, or both.

The peculiarity of this agreement is that the ownership of the property is transferred to the acquirer during the life of the alienator. At the same time, the alienator has the right to use this property for life.

But until his death, no actions (donation, pledge, sale) are possible. The notary places an encumbrance on the property.

Useful advice for the purchaser of property: record your material expenses as much as possible in the process of fulfilling obligations under the contract: collect checks, receipts, receipts, etc., that is, all documents that can prove your conscientious approach to fulfilling your duties.

In many everyday situations, concluding a lifelong maintenance agreement is the optimal way out and solution to the problems of those people who, for one reason or another, require care and maintenance.

What are the risks in a lifelong maintenance agreement?

Damage or accidental destruction of property . In this case, the acquirer is not released from obligations under the contract and is obliged to continue to support the alienator, even in the event of a complete loss of property.
Replacement of property . For example, according to the agreement, the alienator transferred an apartment, but after some time he inherited a residential building. Wanting to sell an apartment, the alienator may offer the recipient to replace the subject of the agreement from an apartment to a residential building.
If the buyer turns out to be a fraudster, and the subject of the contract is an apartment, then there is a risk of ending up on the street . In this situation, you must immediately go to court to terminate the contract.

Useful tips for those who are planning to provide care for a pensioner in order to obtain an apartment

Before agreeing to the conditions of a lonely elderly person, you need to find out the following from him:

Why did it happen that the old man remained lonely? Where are his children and relatives?
Who had helped him up to this point?
What health problems does he have?
What will be required from the caregiver, what responsibilities will he have? What kind of agreement does he want to draw up?

Drawing up a care agreement (lifetime maintenance)

This type of agreement between a single pensioner and a person who has agreed to care for him must be concluded in writing by a notary. Both parties to the contract must be present during the conclusion of the agreement.

They must have the following documents with them:

passports;
TIN (identification code);
statements from a pensioner and someone who is ready to support him for life in exchange for an apartment;
documents confirming the pensioner’s ownership of the apartment;
cadastral passport (technical passport).

Advantages of concluding a lifelong maintenance agreement:

The pensioner has every right to terminate the contract if the purchaser of the property does not fulfill his obligations specified in the contract.
The purchaser's expenses spent on maintaining the pensioner upon termination of the contract are not compensated to him.
If the financial situation of the owner of the apartment worsens sharply and he will not be able to support the pensioner, then he can terminate the contract and return the apartment to his own ownership.
In the event of the death of the purchaser of the apartment, the obligations under the agreement on the lifelong maintenance of a single pensioner pass to the heirs of the deceased. Those, of course, can refuse to comply with the terms of the contract, but then the apartment will return to the alienator.
Until the death of the alienator, the acquirer of the apartment does not have the right to perform any actions with it: change, sell, give, rent, and so on.
In the event of the death of the alienator, the purchaser of an apartment is obliged to organize a funeral, even if this clause was not specified in the contract.

Risks for the rent payer

Oddly enough, rent payers incur no less risks. First of all, you should calculate your financial capabilities. Delays in rent payments occur not only due to malicious intent, but also due to the lack of such opportunities. This is not necessarily related to the payment of rent - the cost of medicine, buying groceries and simply providing assistance with a loss of time often results in monetary expenses. However, caring for an apartment often includes paying rent and utilities. There are cases when old people themselves refuse such help, after which they rush to court to terminate the contract. It is worth remembering that if such a claim is satisfied, all previous expenses will not be returned, and the inheritance will lose its relevance. It is very simple to insure against such situations - just keep a journal indicating payments and signatures of the owner.

How to find an elderly person to care for in exchange for his apartment?

When caring for an elderly person for an apartment is required, many people have a logical question: “Where can I find a decent pensioner or, conversely, a person who will not deceive the old man and will fulfill all his requests?”

There may be several options:

Through relatives, friends, acquaintances . This is the most correct option, because the risk of being deceived is minimal, because the elderly person is known to friends and acquaintances.
Through advertisements in newspapers . At the same time, a person who wants to care for a lonely pensioner can either place an advertisement himself so that he can be found, or he can independently search for suitable offers. Don't look for advertisements on the Internet. Old people don’t post ads this way; scammers often take advantage of it. Where can I find advertisements in Moscow? There are many home visiting services on the Internet that help in finding caregivers or assistants to care for the elderly. You can also find private advertisements.
Through word of mouth . This method is tedious and time-consuming, but can be effective. You need to gain confidence in the old women who sit on benches from morning to evening, talk to them, find out who needs help. And then, as if by chance, meet a lonely old woman and offer her your services.

Caring for grandma

It’s interesting for an apartment, but since I haven’t tried it? I rented a 4-room apartment in my city for 20 thousand and advertised for caring for grandmothers. And my children and grandchildren bring their grandmothers to me. Of course they pay me, but not an apartment! I now have 9 grandmothers. This is not a home for the elderly, but rather everyone gets attention. And we feed them very well and they feel at home!

We recommend reading: Labor Veteran Rules for Traveling on a Suburban Bus Using a Photocopy

I want to look after my grandmother in exchange for housing in Moscow, Sokol metro station, Airport, Dynamo, Oktyabrskoye Pole. Providing comfort, healthy food, cleanliness and communication in exchange for a legally certified rental agreement. I would be very grateful for suggestions. 89651175004

Patronage for the elderly in exchange for an apartment

If a pensioner cannot cope with basic tasks (cannot dress himself, go outside without help, go to the store for medicine, etc.), then it is preferable for him to apply for patronage or guardianship.

Few people decide on such a service, because often a sick elderly person needs constant care.

Therefore, it is assumed that a nurse or guardian will live free of charge in the apartment of a single pensioner, and at the same time be sure to help him, fulfill his requests, instructions, and manage property for the benefit of the pensioner.

Such relationships must be documented - you need to draw up an agreement.

But here it is necessary to take into account an important point: the fact of the help of the person providing patronage in no way makes him a contender for the apartment of a lonely pensioner.

Of course, if the elderly person wants it, he can transfer property to his assistant, for example, make a will in his name.

An apartment in exchange for lifelong care for an elderly lonely person - what could be simpler? In fact, this is a responsible matter that requires patience, endurance, and the ability to find a common language with a pensioner.

Care for the elderly in exchange for their real estate must be documented . You can’t trust your grandparents’ words. It is best for both parties to draw up an annuity or life support agreement.

But it’s not worth drawing up a will or a gift agreement, because in this case one of the parties necessarily suffers: either the pensioner or the person who cares for him.

to the article “Care for pensioners in exchange for an apartment”

05.11.2018 at 18:35
Godfather writes to the king:
During what period can the seizure of an apartment be lifted under the “Lifetime Maintenance Agreement”: 1) Within 6 months after the death of the alienator or 2) After 6 months after the death of the alienator??? Many people are confused about this issue!!! THANKS FOR THE ANSWER .
Answer
11/17/2018 at 08:04
Leshy1 writes:
An Uzbek woman I know has already received her 4th apartment in Moscow, and our Ivan is working for the Armenians. What's wrong with Russia? Putin with Russia!
Answer
03/11/2019 at 16:14
Anyuta writes:
I’ve been renting a house for 15 years, my daughter is growing up, I won’t be able to buy a house, not when a hard-working woman is ready to take care of someone who needs help with housing. I’m tired of living like this, I don’t have the strength
Answer
03/31/2019 at 08:48
I want to find a lonely grandmother writes:
I want to find a lonely grandmother to care for in exchange for an apartment in Volgograd
Answer
06/07/2019 at 20:15
Lyudmila writes:
Read also: Validity period of BTI documents
I want to find an elderly person to look after an apartment. I don’t have my own home, I’ve been renting a home in Moscow for 15 years, I’m tired of working for rented housing. I work and already receive a pension, but my age doesn’t allow me to earn anything more. Please respond to my request. Very clean, I like to cook, I knit well. 89268598088
Answer
07/10/2019 at 19:28
Zhanna writes:
Hello, I'm looking for a single woman or man, I'll look after them, exchange for an apartment, my name is Zhanna, email [email protected]
Answer
07/21/2019 at 06:20
Polina writes:
I want to find an elderly person, preferably a woman, to take care of the property.
Answer
09/13/2019 at 22:01
alfira1970 writes:
I want to take an elderly person under guardianship in exchange for his housing
Answer
10/04/2019 at 22:14
Anonymous writes:
Who controls the implementation of the lifelong maintenance agreement?
Old people are incapable of this...
Answer

Responsibilities of an organization or individual

Among the main responsibilities of the party who provided security for an apartment to an elderly person, several can be noted. First of all, a pensioner must receive high-quality medical care and nutritious nutrition. If necessary, the menu is negotiated and recorded in the document. Clothes, shoes and personal hygiene items are also one of the main responsibilities.

It is required that the conditions of detention and accommodation be fully provided. Since the owner does not live in the apartment during this period, responsibility for its maintenance passes to the rent payer. When drawing up a contract, the cost of housing, details of both parties and documents confirming ownership must be indicated.

Conventions often include specific terminology:

An annuitant is a person who has sought care from an organization or individual.
Rent payer is the one who provides assistance to a person in need for real estate.
Encumbrance - heirs may claim the housing or there are other owners.
Dependency is full-fledged guardianship.

Before entering into an agreement, both parties should think carefully about the decision and be confident in it.

Risks associated with registration

Each transaction option is characterized by a certain risk.

Will

The risks for an elderly person are that the caregiver may hasten the death of the person they are caring for. During a meal, it is not at all difficult to mix poison into the food prepared for a blind old man;
risks for the caregiver if the relationship deteriorates during communication. An old man with a bad character can change the contents of his will or sell his apartment at any time;
risks of non-performance . If the court proves the unworthiness of the heir specified in the will, he may be denied the inheritance. People who deliberately caused harm to the testator or maliciously evaded the fulfillment of the duties assumed under the contents of the will are considered unworthy.
invalidation . Relatives who appear out of nowhere and never care for an elderly individual can declare the will invalid. They may claim that the person was out of his mind when he wrote the will or did it under pressure, a threat to his life. In this case, the conscientious guardian will be deceived.

Gift deed

A person caring for an elderly person can receive housing under a gift agreement.

Risks for an elderly person

This option is much more profitable for those who care for a lonely pensioner or disabled person. Because, according to this document, the apartment becomes the property of the guardian during the lifetime of the person in need of help and care.

An individual caring for a pensioner becomes the rightful owner of the old man’s only home.

Thus, everything remains only on the conscience of the guardian. If he is a decent person, he will look after the one to whom he promised it. But, if he needs an apartment and does not care about the health of a pensioner, he is able to drive a defenseless person out onto the street.

The ward has the right to appeal the case in court. But the process is too long and expensive, and may be beyond the capabilities of a weak old man.

Taxation when receiving real estate as a gift

The main feature of donation is complete gratuitousness. The property owner's decision is not disputed. But the one who receives the property must pay tax on the donated housing if he is not a close relative of the donor.

Gift tax can be paid only after receiving an act of gratuitous receipt of real estate. According to such an agreement, the property or its share belongs to one person.

Features and risks of caring for a pensioner in exchange for living space