POA

Riley2012

New member
Aug 7, 2019
1
0
Hi all,
I’m new to posting so please bear with me!
My mum is in a CH, she has Alzheimer’s, we need to sell her home to fund her care......now to my tale.......
The family decided that the property could stay in the family so it was offered to us all by POA, my sister, the value was independently appraised. She put her house on the market so as to buy the house, she was the only one interested at the time. Now, 8mths later she hasn’t sold her home, so I asked her if I could try to get a mortgage to buy it, as I was concerned it would have to be sold out of the family, to which she agreed and told me she was taking her home off the market. I applied and was offered a mortgage, however now she is refusing to instruct a solicitor, stating she hadn’t decided what she wanted to do over the house. I was led to believe mum was only a few months from running out of funds, yet now I’ve been told she’s got another 6mths money. My sister has stated I have stabbed her in the back and will be instructing another estate agent for her home for another 6mths. I was totally honest about the possibility of buying and kept her in the loop over the mortgage and having the house surveyed by the bank, plus I told her that if she found a buyer for hers, before contracts were drawn up, I would back off and let her have the house. I viewed other properties with the possibility she would find a buyer, I’m looking to move from renting to owning anyway. I thought it made sense to get the house sold, it’s been stood empty for 12mths already as my sister dithered over whether to buy it or not. It’s awful to think my sister and brother think I’m stabbing her in the back, that was never my intention. I want mums interests to be first and foremost, plus I don’t want the risk that it’s put on the open market only to have sell quickly and for less money, but my sister doesn’t want to hear that. I’m really worried she’s only thinking of her wants and needs not our mums! Help and advice please!
 

nae sporran

Registered User
Oct 29, 2014
9,213
0
Bristol
Welcome to the forums Riley2012.
POA and families are a horrible combination, but hopefully someone can advice from experience as there are many members on here who will have been through similar battles.
The best advice I can give you in he meantime though, is to call the National Dementia Helpline for free professional advice. https://www.alzheimers.org.uk/get-support/national-dementia-helpline will give you the number and the opening hours. Good luck.
 

silversea2020

Registered User
May 12, 2019
81
0
I don’t think there’s a lot you can do if your sister is the sole POA. She has complete power if she is. She sounds like she has changed her mind for some reason. Have you asked her why? It seems most odd as to why she has when you’ve given a clear account here on TP about things.
 

Shedrech

Registered User
Dec 15, 2012
12,649
0
UK
hello @Riley2012
a warm welcome from me too

this on the Gov site may help ... note the warning at the bottom of the page
https://www.gov.uk/lasting-power-attorney-duties/property-financial-affairs

my understanding is that an Attorney has a duty and the responsibility to act in the best financial interests of the donor ie your mum, and is not to benefit financially from being an Attorney

I wonder whether keeping a property empty while 'dithering' and waiting for a sale of their own house is in your mum's best financial interests ... who is dealing with maintenance, a weekly check for insurance purposes etc

6 months worth of funds left to pay care fees is not long/much if a sale isn't even on the horizon ... what happens when all your mum's savings are gone ... I doubt the LA will step in as she has the property as an asset ... and as she has been in the care home for quite some time, I'm not sure the LA will agree to a Deferred Payment Agreement (which would accrue interest)
https://www.alzheimers.org.uk/get-support/legal-financial/care-home-fees#content-start

should the Attorney (or any family member) buy the property, it must be at market rate, and the Attorney cannot act for the donor as there's a conflict of interest ... hence the need for legal advice, and probably also best to clear with the OPG beforehand

not sure how you get the Attorney to get some perspective on this ... she seems to be seeing the issue from her personal point of view, rather than as a 'business' decision for the sole benefit of your mum

I guess you need to decide whether you want to push the need to sell and risk alienating your siblings (though I don't see how your actions are a stab in the back, clearly they do) or step back, buy another proprty yourself, and let your sister act as she sees fit