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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I purchased the house that my mum lives in now The mortgage

Customer Question

I purchased the house that my mum lives in now The mortgage was in her name but I paid all the mortgage etc, but the deeds are in her name as I was only a guarantor. She now has no capacity, (due to dementia) is probably going to be admitted to a care home shortly. Up until 2 months ago, an EPA was in force for me and my half sister, acting jointly. She removed herself as an EPA, which, unfortunately, also removed me as well. I'm currently submitting forms to the OPG to become her guardian. I look after her affairs and money.
The big question is, how do I protect my money and the house from being calculated into care costs for my Mum when she is taken into care?
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question.

-How much is the home worth?

-What is the amount of mortgage on the property?

-Who else lives there and how old are they and do they have any disabilities?

Customer: replied 10 months ago.
The house is worth between £90K & £100K
The mortgage is fully paid up
Mum lives there alone, she is 88 years old
Expert:  Harris replied 10 months ago.

Will it be a permanent move to a care home?

Customer: replied 10 months ago.
Mum will be transferred to a care home shortly who have expertise in dementia. She will be assessed as to whether she can go home with an improved care package, or be kept in a care home indefinitely.
Expert:  Harris replied 10 months ago.

Thanks for confirming. If the decision is to put her in a care home permanently, based on the information you have provided unfortunately her home will be taken into account in the means test and as the home is worth over £23,250 she will need to pay the full care home fees - if she can do this from other assets or savings then she will not need to sell her home. If she cannot then unfortunately she will need to consider selling the home to fund the care home fees.

I appreciate that this may not be the answer you would have hoped for but if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 10 months ago.
No it's not the answer I was looking for unfortunately. My Mum has not paid anything towards the house. This was my investment for the future. I also paid for new windows, doors, guttering, and had the house fully re-pointed/decorated. The house is willed to me on her death. Does that not count for anything at all? She has approximately £11,000 in savings + £9,000 held in one of my accounts. If somebody else moved in with her, would that alter the outcome?
Expert:  Clare replied 10 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years

Was this a Right to buy purchase?

What percentage discount was obtained

Was a Declaration of Trust made at the time of the Purchase?

Can you prove that you funded the purchase?

Customer: replied 10 months ago.
it was a right to buy purchase.
The house was offered at a value of £48,000, and the Mortgage minus the discount was £18,000.
The declaration of trust as far as I know was never completed. This was the first document that I asked the solicitors to search for over 2 years ago, but has never been found, or never existed in the first place.
Yes I can prove that I purchased the house through direct debits through my bank account.
Expert:  Clare replied 10 months ago.

So there was a 60% discount roughly?

Customer: replied 10 months ago.
Expert:  Clare replied 10 months ago.

Then the first point to make is that 60%of the equity belongs to your mother in any event - although you can claim credit for half of the money you have spent on the structural improvements.

Protecting the other 40% will require a specific Order from the Court of Protection confirming their agreement that you have a claim on the property

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you
Expert:  Clare replied 10 months ago.

You are most welcome I hope all goes well

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