When the house was in joint names the title would either have been joint and to the survivor or simply joint. Where it is joint and to the survivor, the whole house became your father's asset and is liable to assessment. If it was simply joint then your mother could have disposed of her half share to the children by way of a will. However as she didn't make a will her half share would have passed to your father under the law of intestate succession. So either way the proceeds of sale belong solely to your father and could be clawed back by the local authority if the funds are given away and are subsequently needed to meet his care. As his attorney you are legally entitled to do anything that your father is likely to have done himself. If you think he would have gifts the money to his children then you as attorney can do so. You have to be mindful of whether your father is likely to live for longer than the seven years his other assets would cover as there is the risk that the local authority would refuse to pay on the basis that depravation of assets had occurred. Past cases tend not to be reported in the law reports. I hope that helps. Please leave a positive rating so that I am credited for my time.