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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Could you please give me some advice about laws regarding property

Customer Question

Could you please give me some advice about laws regarding property being seized by council to pay fees for elderly care, it would possibly help you if I gave you a brief outline of this complicated case, my friend released equity from his bungalow to pay for urgent repairs, unfortunately he passed away leaving his wife with dementia on her own, as she was unable to cope, being a danger to herself, her son and wife moved in to care for her, they have liaised with they equity company with regard to taking on the property and repaying the loan themselves, to no avail, now the mother has gone into care because of her worsening condition, they were told that she qualified for full funding, and a home was found, however, now the social services have rescinded on the care funding despite it going to appeal and their case being awarded full funding. The son and wife have now received notification that the house is to be seized to cover the costs of care by the local council and intend to come into the property - after only giving them 48 hours notice, with no time stated for this to happen and the notification arriving on Saturday morning, giving them no time to seek legal advice- with regard to evicting them from their home, the equity company have agreed a year in which to sell the property and repay the loan back, the residue from the property sale then will go to the mother to assist with costs of care, this has all been agreed at previous meetings, the son has a heart condition, is registered disabled and uses a guide dog to access the community, the wife also has a learning disability, and the couples son also has been put into special measures in school owing to also having sight difficulties, could you please give us some advice as to how we can assist them with this matter, we are not related to the couple, but have been friends with both them and their parents for they past 20 years and they have no family to support them with this, the brother died a few years ago due to undetected heart disorder, at present, the son is very stressed and himself in danger of becoming very ill, your help would be very much appreciated as they have requested that I go to their home and help them with this meeting, tomorrow, yours faithfully, lyn foster
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How can I help with this please?
Customer: replied 3 years ago.
What other information do you require, and where do the couple stand with regard to having the council seize the property, leaving them and their guide dog homeless, they do not have the finances available to rent somewhere at short notice being in receipt of benefits, I myself have paid for this consultation owing to their financial situation
Expert:  Jo C. replied 3 years ago.
Thanks.

Since there is a disability issue here I suspect that we have another expert who is better able to help so I'll opt out.
Customer: replied 3 years ago.
Thank you for all that you have done Jo, I hope that this new person can help, I have been in touch with the couple again and have discovered that because of their" abilities " They have received no written content of any meetings regarding the mother or of funding allocated, everything has being through verbal communication only,
I do rate your response as very high based on time and complications of the case, we do need to have some concrete answers before tomorrow , thanks again lyn
Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


yes we would appreciate this, the meeting has been postponed now until Thursday pm. so have a bit of play time now for getting information sorted, as the visit was made verbally, we do not know what the full intention is for it, but the family are now becoming stressed not knowing where they stand with their home and future. we have compiled a list of questions for the council representative, but do need a more knowledgeable input with this yours lyn foster

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


look forward to hearing from one of your team with some advice as to the way forward will check mail first thing lyn foster

Customer: replied 3 years ago.


have not heard anything from you at all today, are you still trying to help!

Expert:  Nicola-mod replied 3 years ago.
Hello,

Yes, we are still continuing to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


you will have to hurry as the meeting is Thursday and need the information by then

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the equity release?
How long have your friends lived at the property?
Clare
Customer: replied 3 years ago.

thank you Clare for getting back to me and hope you may be able to provide some information to help with tomorrows meeting.The parents purchased the house in 1974, the equity was taken in 2007, a sum of £40.000, the father passed away in march 2012, leaving his wife in the property alone until in june 2012 the son and his wife were forced to move in to look after her as she has dementia and was unaware of dangers, they gave up their own rented accommodation to do this. The equity, at last statement has risen to approximately £60.000.They do not know the present value of the property, as they have not been given this information by the equity company, but one sold recently for about £100.000.


my friends have been told that the house is to be sold to pay for care for mother now she is in a residential home as the family could no longer cope, they have a multiple array of disabilities and the wife is now very depressed with the whole situation which is now impacting on their young son and his school work, and the fear of loosing their home, they are aware that at some point they will have to move to allow the sale to proceed, but wish to stay until the sale to give them time to find another suitable property which is their worry. Are the council within their rights to seize the property at this point to pay for care, and what rights do they have with regard to this their home?


 


As I stated at the beginning this family is in crisis at this point and need all the help they can get,thank you lyn

Expert:  Clare replied 3 years ago.
Hi
What makes them think they are about to be immediately evicted?
Clare
Customer: replied 3 years ago.

the dialogue between the social worker and the family, I think they are being put under pressure to get out as mums finances are tied up in the property and there is now an issue with regard to funding, unfortunately, they have never received written confirmation about the content of these conversations, and owing to both husband and wifes learning difficulties, they have no written information as a point of reference lyn

Expert:  Clare replied 3 years ago.
Hi
Has anybody been appointed at Deputy for the Mother?
Clare
Customer: replied 3 years ago.

not to my knowledge, the son was trying to get power of attorney, but didn't get this completed before she went into care, and has been told by the social worker when he spoke of it was told not to bother as it had been sorted, they are concerned that owing to mums dementia the council have taken over as power of attorney as mum is now in care, they have not been kept informed fully throughout the whole process, lyn

Expert:  Clare replied 3 years ago.
Hi
If she has dementia then it is unlikely that she had capacity to sign a Power of attorney - and it takes time for a Deputy to be appointed AND Notice has to be given to family members - so it cannot have happened without their knowledge.
Unless a Deputy has been appointed then the house cannot be sold
So the starting point tomorrow is to ask for copies of all the paperwork.
Even if they do have Power to act they still cannot simply change the locks and force your friends out.
Proper Notice has to be given and Court Proceedings issued.
Again you need to view the paperwork to determine exactly what is happening
Finally if an appeal has said the NHS must pay for the health side then her benefits ought to cover most of the social side - again you need to see the figures
I hope that this gives you something to work with - please ask if you need further details
Clare
Customer: replied 3 years ago.


thank you for all this information we have found it most helpful it has provided us with some guidelines to go into this meeting with I hop it goes well for our friends and will let you know what the outcome is lyn foster

Expert:  Clare replied 3 years ago.
Hi
I am glad that it has helped - do please let me know what the outcome is
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.


thank you for your help, the meeting went well with them being allowed to remain in the property for the foreseeable future as it cannot be sold by anyone until court of protection has been sorted, the family have started the process already straight after the meeting, we have now found them a solicitor who is aware of their needs and sadly their lack of ability, it became quite evident within minutes of the social team arriving they were out of their depth and could easily be railroaded into something they did not agree with.


I would like to very much leave you a bonus, but unfortunately am financially unable to do so, as I have paid for this service for our friends as they are financially/mentally unable to access any service of this kind, my apologies for that and again many thanks for your help, we really appreciated it lyn foster

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - and no bonus is necessary - I am just delighted it was useful
Clare