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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5872
Experience:  Owner at James Bruce Solicitors
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My mam has just gone into permanent care home......I own

Customer Question

My mam has just gone into permanent care home......I own 50%of her home but don't live with her can the council force me to sell it ?
JA: Where are you? It matters because laws vary by location.
Customer: Northumberland
JA: What steps have you taken so far?
Customer: None , i haven't got power of attorney or deputyship.....I've got the paperwork for power of attorney but her capacity has been all over the place with hospital stays and infections ....but she was assessed on Friday and the social worker said she had fluctuating capacity , she's made decision to stay in care because the risks r too great at home she is fully dependant on two carers for moving ...but she still knows who we all are and social worker told me to send power of attorney forms in ...I haven't filled any forms or anything in yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have deeds to house that say the house in my mam's and my name
Submitted: 14 days ago.
Category: Law
Expert:  james bruce replied 14 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

The local authority could seek to claim costs related to the care from your mothers assets.

It would be unlikely they would seek a court order to sell the property but could place a charge on the property to be recovered at a later date.

Customer: replied 14 days ago.
If I put a severed payment on the property will it end up costing me more in the long run ....also if I decided to keep house could me or my brother move back in ?
Customer: replied 14 days ago.
Not at moment
Expert:  james bruce replied 14 days ago.

Sorry call offers are auto generated from the site, not from me. I am currently unavailable for calls, but more than happy to continue here.

Expert:  james bruce replied 14 days ago.

As you are joint owner, you or your brother can move in at any time.

Customer: replied 14 days ago.
That was meant to say if I put a devered payment order on property would it end up costing more in long run ...
Customer: replied 14 days ago.
They also said a devered payment would have to be paid if my mam passed away
Expert:  james bruce replied 14 days ago.

Devered payment for what?

Customer: replied 14 days ago.
A deferred payment order on house to coucil
Customer: replied 14 days ago.
it would be paid if I sold house or if mam passed away
Expert:  james bruce replied 14 days ago.

That is correct.

Customer: replied 14 days ago.
Thank you
Expert:  james bruce replied 14 days ago.

your welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.