He’s lived there 17 years and has covered nearly all expenses, including all utilities, all yard expenses, “rent”, and some major maintenance. But she owns the house and her daughters recently said that we should get in home care so my dad wouldn’t have to be displaced. My stepmom wakes him up at all hours—pre-dawn today she loudly insisted that he get up and look for some undergarments she couldn’t find. She has also left the house prior to 6am to get ice cream at a nearby pharmacy that was closed, has knocked on strangers’ doors, asking if they’d seen/taken her purse (which she’d misplaced in her house), gotten ready to go for a walk after midnight when my dad stopped her. He can’t sleep well, because he’s worried she’ll hurt herself or burn the house down—she turned on the stovetop a couple times and left it on high with oil in the pan. The house was completely filled with smoke, but luckily my daughter was there to help out and while my dad got my step-mom out, my daughter aired out the house and cleaned up. My dad is so wiped out, and at nearly 92 he can’t take any more. But he’s still mobile, and though he forgets things, his mind is still sharp. He doesn’t want to go into assisted living himself. What are his rights with staying in her house?
In some states, spouses have the right to stay in the home until they die or want to leave, even if the owner wills it to someone else. There’s the comingling of assets issue for repairs etc. that can cloud ownership. I’m confused when you say he has paid rent. You refer to him as a “ legal domestic partner” and her as “step mom” so your post is confusing on the actual legal set up.
Unless someone has deep pockets, Medicaid is likely in SMs future and possibly your dads. It will be important to make sure the application is filled out properly to protect both their rights. Dad needs a certified elder attorney. Perhaps you could help him find out how to get SM help without jeopardizing his own situation.
Just my thoughts--best to see what the law is in WA.
"daughters recently said that we should get in home care so my dad wouldn’t have to be displaced." So this means that if Mom goes into MC that Dad won't be able to stay. That the house would need to be sold for her care in the MC? Yes, you need a lawyer well versed in Medicaid rules. Him living there paying the bills may give him some rights.