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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34258
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother has had Alzheimer's years and has been in county

Resolved Question:

Hi there my mother has had Alzheimer's for 16 years and has been in county council care for 3 years (£391 a week) our Dad died in April and half his work pension is going to mum. This has triggered the cc to investigate mums financial status again(already done in 2013 where mum had £14000 in her sole account only) but the cc are fishing about the property that dad and her lived in. My sister and I were made power of attorney over mum and dad removed mum from the deeds of the house in 2008 dad subsequently transferred the property into my name last year as we needed to get a buy to let mortgage to move him next door to me. My sister and I are executed of dads will where everything was left to me and my sister. We are concerned now that the cc want to include the house (which has tenants in) in mums 'wealth' can they do this or does the 7 year rule still apply ??? Thank you for your time and here's hoping for a positive response Laura Brennan
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How exactly did your father remove your mother from the deeds

Customer: replied 1 year ago.
He just transferred the deeds into his name using our conveyancer and the land registry
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Can you ring me on***********
Expert:  Clare replied 1 year ago.

Are you aware that the site charges more for a phone call?

Customer: replied 1 year ago.
Oh ok let's just type �� he changes can it using conveyancer and the land registry
Expert:  Clare replied 1 year ago.

I assume he did not pay anything?

How much is the property worth and how much was it worth then?

Customer: replied 1 year ago.
He paid the coveyencing fees it was £165000 in 2008 now worth £309000 on zoopla
Expert:  Clare replied 1 year ago.

I meant to your mother

Customer: replied 1 year ago.
No payment to mum
Expert:  Clare replied 1 year ago.

There is a serious problem here I am afraid and it is not one which can be got around.

The approach of the Local Authority will be this:-

As Attorneys for your mother you are under a legal duty to only take actions and make decision which are in her interest.

There is no justification for actually divesting her of her asset - a half share in the property - and accordingly you were clearly acting outside of the power that you had when you did this.

Even more clearly the only reason for doing this was to avoid Care Home Fees.

That being the case they will assess your mother on the basis that her share of the equity is still available to her

I am afraid that unless you can counter any of the above there is no way around this - there is no seven year rule when it comes to care home fees.

I am sorry to give such grim news - please ask if you need further details

Customer: replied 1 year ago.
We were made power of attorney after after the deeds were changed. So dad made that decision to take mum off.
Customer: replied 1 year ago.
Does this help ?
Expert:  Clare replied 1 year ago.

IF that is the case how did he manage to deal with the Transfer - who signed for your mother?

Customer: replied 1 year ago.
Mum signed off herself before completely loosing it ..I've been speaking to age uk they have said that as my mum never worked and dad payed the mortgage and indeed fir everything it was always dads property and mum was on as a paper exercise she contributed nothing financial and therefore never owned the house their legal team were quite positive that we can use this also we never activated power of attorney over dad and only activated power of attorney for mum 3 years ago when she began to need care ...so it was dads decision and proof of deliberate deprivation of an asset that mum never contributed to ???
Expert:  Clare replied 1 year ago.

Their legal team is simply wrong

This was the matrimonial home and she was entitled to 50% of it - and trying to use the argument that they outline is not going to succeed - Family Case law on the subject is simply too extensive - as is Probate case law. I am astounded that they even suggested it

Your mother had Dementia at the time she signed the agreement and the only explanation for the action is that it was intended to avoid Care Home fees.

The good news is that you and your sister cannot be held personally responsible for it

Customer: replied 1 year ago.
But you still think we will have to loose half the house when we sell ?
Expert:  Clare replied 1 year ago.

Only if the Local Authority make an issue of it

Customer: replied 1 year ago.
Ok thanks Clare fingers crossed they leave us alone !!!
Expert:  Clare replied 1 year ago.

Very much so - hopefully it will be far enough back to be ok

Customer: replied 1 year ago.
Thanks Clare I do hope so ...thanks for your help today
Expert:  Clare replied 1 year ago.

You are welcome - tread carefully in your dealings

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