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Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Mum has dementia and unable to make decisions. My brothers

Resolved Question:

Mum has dementia and unable to make decisions. My brothers and I do not have Power of Attorney. She owns her house and one brother lives with her. However, we have been told she may need full-time nursing care and would have to form a deputyship to sell the house to pay for it. Is there any way of signing the house over to the three of us so that we do not need to sell?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What have social services suggested about this please?
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

My colleague has asked me to look at this for you.

May I clarify that the house is in your mothers sole name please?
How old is your brother?
Customer: replied 2 years ago.

Yes the house is in my mothers sole name and she has lived there for 75 years.

My brother is 53 and her carer.

Expert:  Joshua replied 2 years ago.
thank you. Unfortunately, based on these facts, your mother's property would appear to be available for the local authority to make claims against. Were your brother over 60 years of age, the property would be exempt but from what you say, this is not the case.

Unfortunately, any attempt to transfer the property into someone else's name or names at this stage would result in the council claiming deprivation and reversing the transfer because there is legislation in place that prevents transfers of property in order to avoid care fees once somebody is aware that they are likely to have to enter into care.

However this does not necessarily mean all is lost...


You could consider looking at an immediate care needs plan. This operates along the lines of a specialised annuity whereby in return for a one off premium your mother is guaranteed payments to fund or top up her care for the rest of her life. It can give reassurance as to the total cost of care whilst giving both choice and sometime a better standard of care and can be cheaper than watching reserves be eaten away at by the local authority. An IFA operating under can give more information on this.

Whether or not this is attractive will depend upon the size of your mothers estate and other factors but such financial solutions can be worth considering and are rarely mentioned by councils.


Is there anything above I can clarify for you?

Customer: replied 2 years ago.

They say that my brother would be able to buy a flat with some of the proceeds of the house sale and the rest would be used for mum's care. What happens if she outlives the money put aside for her? I know the flat would be in my mothers name as part of her estate.......could they make my brother sell that too? what would happen to him then?

Expert:  Joshua replied 2 years ago.

The local authority would have a claim against any money in any accounts your mother maintains in her name and any other assets. If these combined sums total £23,350 or more (which presumably would be the case), the local authority has a claim against everything above that sum. Once your mothers capital reduces below £23,350, the local authority will begin contributing towards her care until her savings reach £14,250.


After the savings reduce below £23,500 they will expect your mother to contribute 1 pound for every £250 of capital she has between £14,250 and £23,350. They would also have a claim against any money she receives as income except for some minor amounts that he is allowed to keep for her own spending requirements. After her savings reach £14,250, the council will fully fund his care without contribution from him at all.


any property that is purchased with your mother's assets would remain liable to potential future claims from the local authority as may become necessary subject to the above maximum limits and accordingly, any property purchased would potentially be vulnerable to a future requirement to sell as needs dictate.


Remember however that there are potential financial solutions such as that referred to above which can give security and certainty in respect of your mother's finances and these are well worth exploring.


Does the above answer all your questions or is there anything I can clarify or help you with any further?


Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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