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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13339
Experience:  30 years as a practising solicitor.
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I have power of attorney Mother, both health and financial

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I have power of attorney for my Mother, both health and financial parts. The social work department told me I have to sell my Mothers house for care home costs. If a family member is staying in my Mothers house, would the council pay for my Mothers care home costs?
Thank you for your question.
If the family member had given up their own home to look after your mother in her house, the local authority should not take the house into account.
In addition, if the resident is a relative over 60 or is incapacitated the property will be disregarded.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
What if the family member wishes to move into my Mothers house?
No, the family member has to have been there when your mother was living there, I'm afraid.
Customer: replied 3 years ago.
Is it legal to rent the house to pay for care costs?
Yes it is. There is no compulsion to sell if there an income to pay the care costs.
Customer: replied 3 years ago.
If I decide to sell the house can my Brother contest my decision? I am adopted, does this make any difference?
Not where you hold powere of attorney and are acting in your mother's best interests in your reasonable judgment.
Customer: replied 3 years ago.
My Mother never made a will, she said she wished her estate to be divided between my Brother and I. When she dies, where do we stand legally?
If there is just you and your brother the estate will be split equally between the two of you.
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