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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11271
Experience:  30 years as a practising solicitor.
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My husband and I own a property but unfortunately he is now

Customer Question

My husband and I own a property but unfortunately he is now in a care home. My daughter would like me to sell our property and have an extension build on her house for me to live there. This would mean I would be in walking distance to visit Tom my husband and they can help me. The problem I have ,although I have power of attorney ,if I move would I then have to advise the local authorities who pay a contribution to Tom's care.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Where a person moves into residential accommodation and has a 50% interest in property which continues to be occupied by his wife, the local authority ignores the value of the resident's share in property while the wife lives there.
If the wife decides to move to smaller accommodation and so sells the former home, at the time the property is
sold, the resident's 50% share of the proceeds could be taken into account in the charging assessment.
However, you can use the proceeds of sale to pay for and furnish the extension to your daughter's house. The local authority will allow that but they will take into account half of what is left when assessing the charge for your husband's care.
I hope this helps.
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