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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
Are you aware that the site charges more for a phone call?
I assume he did not pay anything?
How much is the property worth and how much was it worth then?
I meant to your mother
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
IF that is the case how did he manage to deal with the Transfer - who signed for your mother?
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
Only if the Local Authority make an issue of it
Very much so - hopefully it will be far enough back to be ok
You are welcome - tread carefully in your dealings