If the PWD wants to transfer the house deeds to you?

[Kikki21]

I was having a conversation with someone yesterday who basically said why don’t you get your mum to sign over her house to you?

Obviously as my mum is on the brink of needing to go into a care home then this would be a rather blatant deprivation of assets but what if that is what my mum would want to do?

Is there anything that could stop her legally from doing that?

She may qualify for CHC so it may not be necessary anyway ( I know it is hard to get but her social worker wants her to go for it & thinks there is a good chance she will get it)

 

[love.dad.but..]

From what you have previously described about your mum does she have mental capacity to make such a decision? I can't remember if you have poa finance but there would be a conflict of interest I would think so if acting as an attorney from other posts so have seen someone else would need to represent your mum as you are benefiting. Above all though...and I have not had to deal with L.A... SS...I would have thought the timing would be seen as clear deprivation of assets and my understanding is it makes no difference if she is able to make that decision for herself...It is still deprivation of assets. Others may be along who have different advice from experience. Has the person you spoke to had experience of this scenario

 

[jaymor]

If your Mum has lost capacity then she can’t do it.

If she has capacity and does it, it will be seen as deprivation as she is ready for care now.

CHC will be great if she is awarded it but it can be taken away too so please don’t rely on CHC being a way of paying for care.

 

[Raggedrobin]

Ditto loveDad and Jaymore, it would be a very obvious deprivation of assets.

 

[Beate]

Legally I'm sure she could do this if she had the mental capacity to do it and found a solicitor who knows nothing about deprivation of assets. But once Social Services found out they'd treat her as if she still had the house and ask her to pay for her care.

So I would forget what this person has said very quickly - they haven't a clue of the pitfalls.

 

[karaokePete]

I spoke to our solicitor about this sort of thing several months ago. I was advised that the Authorities will look back a few years for this sort of transaction when considering deprivation of assets. He couldn't define 'few', however, he was talking in 'years'.

 

[Kikki21]

This person is one of those well meaning types! I know from what I have read myself that it would clearly be a deprivation of assets but I have also read that legally she could do this at any time regardless of whether she were to stay living in the house or not!

English law is rather confusing in those aspects as in yes you can do something on one hand & then on the other, there are consequences if you do.

I’m not thinking of doing this anyway, I was just curious.
To be honest her capacity is probably very borderline at the moment. Certain things she would understand but others she wouldn’t.