Hi i have power of attorney for both health and welfare and property and finance. I took them out so mums wishes were met as i care for her as she wanted to be cared for in her own home which i want to do . However mum had a bad leak and whilst that was waiting to be done my brother and the family cleared mums home as it was full in every room as she was a hoarder it took us 27 skips to clear it after that my brother said we should sell it he is very hot headed at first i agreed but only because he was not listening i ended up taking it of the market and we fell out as i want mum back in her house where she belongs. But i had a thought would i be able to buy it if.i got some valuations i own my own house outright but dont think id get a mortgage because im 60 and on benefits id also got planning on mums garden something my late dad wanted me to try for so a bungalow could be built so i thought we could sell the main house to fund the bungalow once that was built would i be able to arrange payment of an agreed amount into her bank account and then buy the bungalow as id have the money from the main house as inheritance which obviously would be split and the money from my house to put down as a deposit. Sounds abit confusing but it would be the only way o could buy a bungalow as well for my continuing health. I just want to do the right thing for everyone.
Advice.
- Thread starter ljgret
- Start date
I will get help as and when its needed i would like to get my mum back into her new bungalow after the repairs are done we couls sell the house to fund it that way mum would have a proper wet room and be able to have the extra care when i need it but my brother wants to go against her wishes sell the house and bank the money but i feel he will lose mum money in the long run as we have planning for a bungalow for her so there would be 2 houses to sell but would have to fund the bungalow with the money from the sale.of mums main house she is. 86 and im her 24/ 7 carer and think it would be good for mum to stay where she knows all the neighbours that she has known for 45 years thats what my late father and my mum wanted and im carying out her wishes and cant see a problem with me caring for her with extra help when needed she is not going in a care home not while im still here we have always cared for our own and cant see no reason why it cant continue till her end ive seen death looked after my ex husband when he had brain damage after an accident and am fully aware of the illness my mum has and no perfectly well its going to get alot worse.
Im caring for my mum and will contiue till her end as she wished i will get help when i need to she will not go into no home whilst im still alive she has right to stay in her own home.
And im on about buying her house which im sure i have the right as long as i pay the going rate.
Suggest that you consult a mortgage advisor for some financial advise and a solicitor to check your legal position.
Where is your mum at the moment?
Is her house in an areawhereyoumight get planning permission to build a seperate dwelling in thgarden, with access to sewers, and mains services etc?
realistically it would take a minimum of 18 months to go through planning and actually build-where would she be i that time?
you might have the right to buy her property, at the going rate, but would you be able to, financially?
Dontforget, you dont inherit until she dies, until then, a POA shouldnt be accepting gift of money from the donor of the poa
Is her house in an areawhereyoumight get planning permission to build a seperate dwelling in thgarden, with access to sewers, and mains services etc?
realistically it would take a minimum of 18 months to go through planning and actually build-where would she be i that time?
you might have the right to buy her property, at the going rate, but would you be able to, financially?
Dontforget, you dont inherit until she dies, until then, a POA shouldnt be accepting gift of money from the donor of the poa
We have already been granted the planning permission for a 2 bedroomed bungalow. My mum is stopping with me at the moment as there was a bad leak which we are still waiting to be fixed. Through house insurance.
I own my own house outright and so does my mum. Id certainly have a good deposit. But if not possible will stay put and just continue to carevfor mum but will be speaking with a conveyinsing solicitor so we can get the land split up before selling mums main house. Obviously that would mean her staying with me till the bungalow was built where she could either live in sell or possibly me perchase. And still carry on caring for her either way.
Already have full planning accepted for a 2 bed bungalow. I own my own house outright no morgage. So i dont need to move would like to see my mum cared for by me in her own new bungalow if not she will live with me either way her money will be safe in her own account .
Hi @ljgret - It sounds quite complicated so as others suggest legal and financial advice first both for you and but also for your mum separately. As LPA, is your mum capacitated to make the decisions required for this scenario or will you be using the LPA to act on her behalf? Has your mum access to her own independent advice and representation separate from family/LPA - this could help protect all parties involved later down the line if any questions are asked or challenges made. Who will own the new bungalow, if your mum will not own it will she have a legal arrangement to reside there - god forbid but situations do arise, and if your mum may lack capacity the LPA needs to ensure decisions made now are in her best interests. Whilst there are no plans for a care home now no-one can always know what is down the line - the local authority may consider deprivation of capital if assets are disposed of at a point where it is likely a person may have care needs of a certain degree, if for any reason your mum needs local authority funding in the future. As you are providing 24/7 care to your mum now, potentially you may be putting both yourself and her in a difficult position later if at any point in the future a financial assessment is required for care needs. As you rightly note your mum has a right to stay in her own home - am presuming this has been looked at first? If not the local authority may or may not be able to offer options such as advice, equipment and grants to adapt your mum's current property without need for selling/building a new property from scratch.
Mum would fund the bungalow from the main house to live in it if she cannot do that she will sell it and all moneys would be in her own bank account. If i were to buy it it would be for the full price but that was only a thought i could either care for her in the bungalow or if it was sold like i said all money would be in her own bank account or if not she will stay with me and i will care for her at mine i no we cant inherit till she dies and not trying to do anything illigal.
Hi Ljgret, hope my post didn't come across as accusatory just mindful of the pitfalls and responsibilities if an LPA is acting where there may potentially be conflicting interests actual or perceived. independent legal advice and also the OPG could help to answer the questions asked, and equally if it is your mum not you who would own the bungalow, protecting your own status and rights too
I personaly would like to see mum cared for in her own home as she wished but repairs need to be done first. This is what my brother is trying to stop me doing and just wants to sell her house and bank her money but how i see it she has the right to have the repairs done and carry on living her days out there with me caring for her and get the extra help when i need it there. The rest can wait. Yes it does sound complicating but really sholdnt be.
Hi @ljgret I am not qualified to comment on the legal aspects of your plan but it does seem complicated and potentially unworkable as others have said. What bothers me is your insistence that you will be able to look after your mum in her own home, 'until the end'. This is something many people would like to do - and I admire all those who try - but, ultimately are defeated by the challenges of caring for someone 24 hours a day. It can sometimes be best for a person's safety and welfare that they are admitted to residential or nursing care on a full time basis. Whatever you think now, you can't predict the future or rule it out as a possibility. If I understand correctly, you seem to want to spend what you consider to be your "inheritance" while your mum is still alive. You can't do that because any capital she has must be used for her benefit during her lifetime, including payment of the cost of professional care whether at home or in a care home.
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Hi Ljgret, thanks for clarifying the above, again taking legal and financial advice and speaking to the OPG could be useful - your brother shouldn't in my opinion be preventing things that could be in your mum's best interests particularly if it's in line her with past or current views.
@ljgret before you do anything, check the planning permission carefully. There are always conditions attached and one of them is usually that construction has to commence within a certain timeframe. There may also be a condition that prevents the two properties from being separated and as the bungalow would now be used for a disabled person, the approved plans may not be totally suitable.
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