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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have a Mother who is in a home suffering with dementia. I

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I have a Mother who is in a home suffering with dementia. I have an LPA in place. I have just sold my Mothers bungalow, but the proceeds of the sale have to be used to pay my Mothers care home monthly bill, until approx £24,000 threshold has been reached
I have 2 questions please
1. Both my Mother and my Father (deceased) said that they wanted me to have the proceeds of the house. Since it has to be used to pay the home bill, is there any legal way I can lay claim to any of the proceeds from the sale?
2. My Mother is in receipt of a pension and care allowance, do these figures have to be mentioned to the local council, and be used towards the care home bill?
Thank you
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you confirm if the Sale has already been completed?
If not, could you let me know when your Father died and whether the property was held in joint names by them as Joint tenants?
I look forward to hearing from you.
Al
Customer: replied 2 years ago.
Hi Al,No, the sale hasn't quite been completed . Contracts have been exchanged but not signed as yet. I don't have an actual completion date.My Father died in July of 2005.The property was held by them in joint names as joint tenants.And when my Father passed away, everything passed over to my MotherMichael
Expert:  Aston Lawyer replied 2 years ago.
Hi Michael,
Thanks for your reply.
I am afraid there is nothing you can do to protect the proceeds of Sale from being swallowed up in Nursing home fees.
I had asked when your Father died, as it would have been possible to do a post death Deed of Variation to his Estate anytime within 2 years of his death, leaving his 50% share of the property to you, but note he died in 2005 and hence you are out of time to do this.
As it stands now, you will have to declare the amount of the proceeds of Sale to the State and it won't be possible for your Mother to "gift away" any of these monies even if she was mentally capable of doing so. This is because the State will deem any such gifts as a deliberate act to try and avoid paying the Nursing home fees. So, even if gifts were now made, the State would still class your Mother as owning the assets she had gifted away, when assessing the amount of capital she has.
2. All income received by your Mother is taken into account, and therefore needs to be declared, I'm afraid. If your Mother is receiving Registered Nursing Care Contribution towards the cost of treatment, this is excluded.
I am sorry this I snot the answer you were looking for, but it sets out the legal position.
Kind Regards
Al
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