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Clare, Solicitor
Category: Law
Satisfied Customers: 35050
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sister and I jointly have lasting power of attorney over

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My sister and I jointly have lasting power of attorney over our mother’s financial and property affairs. Mum has dementia, and is looked after at home by my sister and paid carers. She (Mum) has no money, and I have been lending money to pay for her care, for which I have a Land Registry charge registered on the house, which she owns and lives-in, so that I am reimbursed, with interest accrued monthly at the current CPI rate, when, eventually, the house is sold. I am no longer in a position to lend her money, and my sister is now funding her care, for which she would like to be reimbursed on the same basis as myself. She provides me with an account of the expenditure that she has funded, and I am adding it to the sum that I have lent, with interest accrued on the same basis, in the expectation that she will be repaid on the same basis as myself, which our siblings and I have agreed-to in writing.
Can we be confident that the charge I have registered will protect us both in the event that the house has to be sold to pay for residential care, when Mum’s condition worsens and it’s no longer possible to care for her at home?

Thank you for your question

My name is Clare

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

Who signed the Charge?

Customer: replied 1 year ago.
Hi, Clare. My sister (the one who is now loaning money) signed the charge, as Mum's attorney. I'm attaching a copy. I had thought that, in effect I am still loaning the money, which is provided to me for that purpose by my sister, but, clearly, I do not want my sister to lose her money, so want to be sure.
Regards; Richard

This is complicated by the fact that your sister signed the Charge and that you are the two attorneys for your mother which could raise concerns about the whole arrangement.

IN order to minimise the risks you should arrange for your sister to pay the money into your account and for you to continue to make the payments directly.

Please ask if you need further details

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks. I'll follow your advice.