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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother has lived with me since sept 2013. She has alzhimers.

Resolved Question:

My mother has lived with me since sept 2013. She has alzhimers. . She owns her own property which we rent out the money we get for her home is my wage for caring for her. We want to know if we can sell her property to a family member. I am her power of attorney. We made her will and power of attorney in 2007. She was not diagnosed until 2011. She was of full mind when we done this. We want to sell the house above board and legal so that we have got the funds to help with rest bite and care
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you please let me know if you were intending on selling your Mother's property for its full market value or at an undervalue?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.
We are going to sell it for the full value we will do everything properly. If we do sell it would I still be able to take a monthly income from the money and who's name would the money have to go in as my mother is now unable to sign
Expert:  Aston Lawyer replied 3 years ago.

Hi Wendy,

Thanks for your reply.

As Attorney, you are entitled to sell your Mother's property on her behalf. You would need to sign the Contract of Sale and you and the family member who is going to purchase will need to instruct separate Solicitors to deal with the necessary paperwork.

As Attorney, you are under a duty to look after your Mother's money and use it for her benefit. You are therefore entitled to use it to pay for external help/expenses. Unfortunately, you are not legally entitled to "pay yourself a wage" for looking after her. All you are entitled to receive is any state carers benefit.
I appreciate you are looking after your Mother full time, but being her Attorney does not give you the right to claim for your time and effort in doing this.

I am sorry this is perhaps not the answer you were looking for, but it sets out the legal position.

Kind Regards
AL
Customer: replied 3 years ago.
Thank you very much for your help it I has been very helpfull.. If we do decide to sell her property how will I be able to use her money for her comfort and well being without getting into trouble I don't want to be accused of having her money for my own personal use I am terrified of getting into trouble. I would like to do things with her while she is able. Can the money from her property only be used to put her in care. Has she got to keep all her money for that. Her property is worth about 120,000 pound . What is the Limit she can have for herself. I'm sorry for being so useless with this matter. In her will the property is left to the 4 of us children
Expert:  Aston Lawyer replied 3 years ago.

Hi Wendy,

You are entitled to use the proceeds from the Sale to spend on items required by your Mother (ie all food/toiletries/any bills your Mother needs and is required to pay). As Attorney, you are basically entitled to use your Mother's money to pay for anything which your Mother would be spending herself if she had capacity.

As long as you retain all receipts for money you spend, then that is all you need to do.

Any money received from the Sale should be placed in your Mother's Bank account and if you have not done so already, you will need to take your Power of Attorney to the Bank so they can register it. The account will then remain in your Mother's name, but you will be noted as Attorney on the account, thereby enabling you to access the account.

Likewise, if your Mother does need to go into a Home, her monies will be used to pay for her care (which you would pay on her behalf).

As regards ***** ***** Will, a Will only comes into effect on her death, so that whatever monies are left at this time would then be divided equally between the 4 of you.

I hope this helps.

Kind Regards
AL
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