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OBLIGATION TO PAY FOR PARENT IN CARE HOME

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I am British and live in England with my German wife.

Her German mother has recently been taken into a care home in Germany.  The money the mother in law receives from her pension and the state does not cover the costs and the authorities have written to my wife asking if she will contribute.

I understand they are entitled to do this but my wife has a low paid job. We have a joint mortgage and she has credit cards in her name only.

Just by adding her share of the monthly mortgage payment and the minimum payment on the credit cards, the sum already exceeds more than she earns.  This does not take into account all other normal costs and I support her through my salary which is average.

We have no savings and own nothing of value.

She will write to the authorities and provide evidence but do they have any right to ask to see any of my financial information?

Can they insist that I pay an even more increased share of the mortgage or pay towards her credit cards in order to free up money from her salary?

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I'm confused.

 

they ASKED her or TOLD her?

 

if they asked I think it's enough to simply say "no I won't".  If they told her she must pay my guess is they also cited some paragraph of law covering the requirement to contribute, and that could guide you in some direction regarding how to get out of it.

 

.  

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This is what the law says according to the German Civil Code (BGB) section 1605...

 

Quote

Section 1605
Duty of information

(1) Lineal relatives are obliged to each other, on request, to supply information on their income and their assets, to the extent that this is necessary to establish a maintenance claim or a maintenance obligation. On the amount of the income, on request, supporting documents, in particular certificates from the employer, must be submitted. Sections 260 and 261 apply with the necessary modifications.

(2) Before the end of a two-year period, information may be demanded again only if it is credibly established that the person with a duty to give information later acquired a substantially higher income or further assets.

Source: German Civil Code BGB Section 1605 Duty of information

 

NB the English translation is not the legally binding version. The original German text is.

§ 1605 BGB - Auskunftspflicht = Duty of information (1) Lineal relatives

 

Any German statutory authority responsible for payments to an elderly care home in such cases is obligated by statute to formally request such information and consequently will always do so.

 

AFAIK, (provided they are satisfied that your wife is not in an economic position to provide sufficient support to cover her mothers care home costs or make a measurable contribution towards it), they cannot and should not demand your wife to make any changes to her lifestyle in order to ease a local public budget deficit.

 

Lineal relatives are grandparents, parents, children and grandchildren.

As you are not a child of your wife's mother I don't think they can ask you for any information directly.

 

Standard TT disclaimer: I am not a lawyer and none of the above purports to be legal advice. In Germany only a qualified lawyer or jurist is authorized to provide legal advice.

 

2B

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There is a law which stipulates that families must financially care for their members . How much they have to pay is laid down in the Düsseldorfer Tabelle.

 

BGB §1601  Verwandte in gerader Linie sind verpflichtet einander Unterhalt zu gewähren.

 

https://dejure.org/gesetze/BGB/1601.html

 

"Der Unterhaltsanspruch versteht sich als einer der Hauptpfeiler der sozialen Sicherheit, der Sozialfürsorge schlechthin, er ist eine der Grundlagen der sozialen Absicherung, die darauf beruht, dass sich Familien finanziell und materiell unterstützen. Der Unterhalt beruht auf dem Solidaritätsprinzip sowie dem Prinzip von staatlicher und innerfamiliärer Fürsorge. Die Familie ist eine Bedarfsgemeinschaft. Die Unterhaltshöhe ist in der Düsseldorfer Tabelle verzeichnet, sie wird regelmäßig aktualisiert."

https://www.juraforum.de/lexikon/unterhalt

 

"Germany has a rapidly aging population, and the cost of caring for the elderly is growing. A court has confirmed that there is a legal obligation in Germany for people to contribute to the cost of their parents' care."

 

https://www.dw.com/en/should-children-have-to-pay-for-parents-in-care/a-6007110

 

I am not  a laywer and cannot give legal advice..

 

 

 

 

 

 

 

 

 

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Re the initial letter definitely a request rather than a demand at this stage.

 

Many thanks to you all and lots of reading to do.

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What about the OP? Does he as the son in law have to pay at some time in the future?

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12 hours ago, Metall said:

What about the OP? Does he as the son in law have to pay at some time in the future?

 

I looked into this for another thread some time ago and as I recall he will not have to pay directly. However they will consider that he can support his wife so she can be expected to pay more. There is a calculator at http://www.n-heydorn.de/elternunterhalt.html

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34 minutes ago, LeonG said:

 

I looked into this for another thread some time ago and as I recall he will not have to pay directly. However they will consider that he can support his wife so she can be expected to pay more. There is a calculator at http://www.n-heydorn.de/elternunterhalt.html

Thanks for the calculator, that helps to gauge what kind of amount we’d expect. My mother in law is also in a care home and I kind of expect that we’ll have to foot the bill one day when my father in law is no longer around. He’s not really fit anymore.

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With regards to the first part of the calculator regarding income are the figures monthly?

 

I get the second part regarding pensions is annual and lifetime allowance.

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