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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16035
Experience:  I have been practising for 30 years.
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I have power of attorney with my sister for my mum with

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Hi, I have power of attorney with my sister for my mum with dementia. She can’t live alone so we want to sell her house and then I will have her with me. When dad died the will was such that half is mums and the other half is split between my sister and I. It also said that mum should be allowed to stay there till she dies. My relationship with my sister has dissolved from the stress of mum and her caring for mum. Can we sell the house? And will my sister be able to take her quarter and can I take mine and mums and buy another house so I can care for her in the town my kids are at school and I’ve lived for years. Thanks

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

where will your mother live if the house is sold?

what is the likelyhood of her needing to go into a care home?

Customer: replied 7 months ago.
Of course thank you. With me in my rented house as we transition to buying a property for myself, mum and 2 girls. I want to have her until she is too ill to look after. At the moment she is moderate to severe Alzheimer’s so forgets to eat etc

Because this is a substantial transaction I would suggest that you run it past the Court of Protection first and ask for confirmation that you are able to do what you plan to do. If your mother is in care, that should not be a problem. If the relationship with your sister has soured, I would not sell the house without court protection consent. You also need to keep a track of every single penny of your mums money because your sister will no doubt allege that you have taken money which you were not entitled to. Listen to the voice of experience!

If you sell the house, you can only use your mother’s money for anything which is for her benefit.

You can care for her but you are only entitled to give her gratuitous care and you are not entitled to be paid as a carer. It’s ironic that you can pay third parties but not yourself unit of the amount of money was the same.

You would not be allowed to use the money to expand your house but you would potentially be able to make reasonable adjustments provided they were only for the benefit of your mother.

Neither you your sister could have any of your mother’s money until such time as your mother eventually passes away.

I’m sorry, appreciate this is probably not the answer you wanted.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


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