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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33314
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Our grandad has just gone into a care home, he owns his home

Customer Question

Our grandad has just gone into a care home, he owns his home and has approx £10,000 in the bank. We have been told that he will have to sell his home to fund the care home costs. My mum (his daughter) wants to move into his house. We realise that he can't give her the home so she wants to buy it from him.
Our question is, is there a figure that the local authority will use when measuring his assets? The house is worth around £180k, so whats the lowest amount we could legally buy it for?
Also could we use the £10k to renovate the house ready for sale but then my mother actually buy it after the renovation?
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youI am afraid that you will need to meet the lowest valuation in terms of price - possibly £5,000 less to reflect that the Estate Agents fees were saved.If the renovations were done then the price paid would have to reflect thatPlease ask if you need further detailsClare
Expert:  Clare replied 11 months ago.
.
Customer: replied 11 months ago.
Hi so is that the law that you must pay the lowest estate agent valuation?
Expert:  Clare replied 11 months ago.
Hi
No - legally you can sell it for whatever your grandfather wants, however if you ever need the Local Authority to take over the funding of your grandfather's care then you will need to prove that full price was paid.
Clare
Customer: replied 11 months ago.
Thank you. So if we get a new boiler and kitchen fitted out of the £10k and get a valuation and buy for that minus the fee's then we're fine in the eyes of the law?
Expert:  Clare replied 11 months ago.
Hi
Are you acting under a Power of Attorney?
Clare
Customer: replied 11 months ago.
yes she is the power of attorney
Expert:  Clare replied 11 months ago.
Hi
Then she can only deal with the finances in ways that will be of benefit to your grandfather - and it is hard to see how funding those improvements could be seen as being in his best interests.
In addition she will need an Order from the Court Of Protection to Purchase the property - which will mean that the full value will indeed need to be paid.
Clare

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