Selling my mums house

MiloSimba

New member
Mar 12, 2024
2
0
Hi thank you for any help
My Dad died August who was my mums LPA . Unfortunately there is no one in England to take care of mum . We wish to sell her home and relocate ,her back to her home in Scotland where her family is. My brother hasn’t registered lpa . we have found a perfect property & mums house is going on the market . Is there a fast track we can go down , As mums welfare and care if paramount as she needs 24hr care and has dementia. We are stuck as what to do . As this property and mum moving needs to happen asap
thanks for any advice anyone can give
Sam
 

Jessbow

Registered User
Mar 1, 2013
5,864
0
Midlands
Are you moving her into home, or another property of her ownor in with your brother? Your post doesnt make it clear.
Pricing it to sell ( ie a little under value) will attract a buyer quickly, although you cant really shorten the legal process of actually selling it which will have to happen.

Does she still have capasity to sign the paperwork?
 

MiloSimba

New member
Mar 12, 2024
2
0
Sorry
She is moving into a property of her own . In Scotland and her brother & other family members are helping with her 24 hr to keep her in her own home as she wishes
Yes she does . Although she wanders but can follow instructions .
It’s we called solicitors to put in offer in on a property , and they said we needed LPA ,we didn’t know if we can get mum to confirm . Her offer if that was legal . Thsnks
 

Louise7

Volunteer Host
Mar 25, 2016
4,992
0
Hi @MiloSimba and welcome to the Dementia Support forum. Sorry to hear about the loss of your dad. You mention that your brother 'hasn't registered' the LPA, does that mean that there is a new LPA that has been completed but not yet sent to the OPG? If your dad was the sole attorney for your mum, and she still has mental capacity to understand the LPA process, then a new LPA could be completed/submitted but this may take some time. Your mum just needs to understand what she is doing and agreeing to at the time of making/signing the LPA. However if your mum no longer has capacity to agree to, or understand the LPA process, then someone will need to apply for deputyship. This can take some time but there is the ability to request a 'fast track' application in some circumstances. See link below for details of the Deputyship process.

You mention that 'we' called the solicitors to put an offer in on the new property. It's standard procedure for estate agents/solicitors to ask to see a copy of an LPA if someone is acting on behalf of a person who does not have capacity to manage their own financial affairs/property transactions. If your mum has the mental capacity to decide to put her house on the market and purchase another property then she can deal directly with the solicitor herself, but it does seem that if your dad held LPA and was dealing with your mum's finances that may not be the case here? For info, the LPA/Deputyship process differs in Scotland but if this is applied for whilst your mum is living in England the English processes will apply. Hope this helps, but whatever process is needed it won't be particularly quick. If your mum needs 24hr care in the meantime then perhaps consider a care home placement on the interim to ensure that she is kept safe.

 

nitram

Registered User
Apr 6, 2011
30,791
0
Bury
You mention that your brother 'hasn't registered' the LPA, does that mean that there is a new LPA that has been completed but not yet sent to the OPG?
Or it could mean brother is a replacement attorney in which case activating his power is simple and fast.