Are we allowed to sell Mum's house to pay for CH

Discussion in 'Legal and financial issues' started by Brenda16, Sep 22, 2015.

  1. Brenda16

    Brenda16 Registered User

    Feb 13, 2015
    69
    Not applicable
    Hi
    I have LPoA from Mum. Am I allowed to sell Mum's house to pay for a CH?If yes, does the money of the sale go into one's own bank account and is there any kind of notice put on that a/c that the money is only to be used for CH fees?

    I live in Switzerland and have tried to open a bank account in England. I was turned down by each and every bank, reason being given is that I have to live in England. If I were to sell Mum's house then I would have to have to money transferred to my acount here in Switzerland.
    And I was thinking that the authorities probably wouldn't like that because they could understandably think that that money might disappear.
    So, if I sell the house I'm in the predicament of having nowhere in England to put it.
    Really stupid and difficult situation.

    It's a long shot but maybe somebody can help me out.

    Many thanks
    brenda
     
  2. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Can you not place the money in an account your Mom holds? Since you have PoA you can have control of that and pay all bills via the internet.
     
  3. jaymor

    jaymor Volunteer Moderator

    Jul 14, 2006
    12,237
    Female
    England
    I agree with PeteR, the money goes into your Mother's account and as you have LPA, I presume it is financial LPA then you can set up a direct debit to pay for your Mother's care and regularity feed her account at the care home so that anything she needs they can get. I am sure the care home will be willing to do this as you are not in the country.
     
  4. canary

    canary Registered User

    Feb 25, 2014
    9,308
    Female
    South coast
    Yes you can sell mums home, but you must keep all the finances separate from your own. The money from the sale of her home must go into her account and her money should be used to pay for the sale.
    If you contact her bank you should be able to change it to a deputy account so that you will get a cheque book and card on the account in your name, be able to set up standing orders/direct debits to pay for the care home and you can open up an on-line facility so that you can manage it all from where you live.
     
  5. Beate

    Beate Registered User

    May 21, 2014
    11,481
    Female
    London
    It's not your money so it cannot go into your account. It will go into your mum's account which the LPA allows you to have control over, so arrange that with her bank. They will need to see a certified copy of the LPA - never send an original off.
     
  6. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    No reason at all why the money cannot go into an account in someone else's name. I really do not see how it matters as long as it is "accounted" for if the state ever comes calling.
     
  7. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,490
    Female
    Near Southampton
    Why a deputy account? Brenda has said that she has LPA not Deputyship.
     
  8. canary

    canary Registered User

    Feb 25, 2014
    9,308
    Female
    South coast
    Thats not actually true. There are legal duties for attorneys

    You must manage the donor’s finances in their best interests.

    Keep the donor’s finances separate from your own, unless you’ve got a joint bank account or own a home together. If you do, tell the bank or mortgage company you’re acting as the other person’s attorney.

    You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.


    Taken from the Gov.uk site duties of Attorneys https://www.gov.uk/lasting-power-attorney-duties/property-financial-affairs
     
  9. canary

    canary Registered User

    Feb 25, 2014
    9,308
    Female
    South coast
    Sorry, I thought that the banks used the same type of account for both POA and COP. Either way you can get a cheque book and card in your own name.
     
  10. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Santander will not give me a card only a cheque book.
     
  11. canary

    canary Registered User

    Feb 25, 2014
    9,308
    Female
    South coast
    I remember you saying that now. Im having trouble with Santander too as mum has some bonds with them and they wont recognise COP. Fortunately mums bank account is with Nat West and they have been wonderful.
     
  12. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    I am well aware of the legal duties for attorneys. You obviously did not read your quoted text properly.
     
  13. Brenda16

    Brenda16 Registered User

    Feb 13, 2015
    69
    Not applicable
    Hi Everyone

    Many thanks for your comments. After reading them all my thoughts were "of course, why didn't I think of that".
     
  14. canary

    canary Registered User

    Feb 25, 2014
    9,308
    Female
    South coast
    Keeping the donors finances separate from your own doesnt just mean keeping then in a separate account. If you have the savings in your name and you are suddenly incapacitated, die, divorce etc then the donors saving will be considered yours.
     
  15. nicoise

    nicoise Registered User

    Jun 29, 2010
    1,807
    Equally, the solicitors handling the sale will need to know what account the proceeds are to be transferred to.

    Id be very surprised if they would transfer the money into an account not connected to the owner - money laundering for one thing, but also they have a duty of care to the seller if incapacitated.
     
  16. LYN T

    LYN T Registered User

    Aug 30, 2012
    6,967
    Brixham Devon
    The account will be so much easier to manage using your Mum's account. Each transaction will be transparent (not that I'm suggesting that it wouldn't be anyway) but when you print off a statement you can cross reference it with invoice numbers etc.

    Wish you luck but once the account is up and running the admin, hopefullu, will be minimal.

    Take care

    Lyn T XX
     
  17. count2ten

    count2ten Registered User

    Dec 13, 2013
    186
    Have you thought about asking social services for an assessment of need, and if mum meets the criteria you can ask them to find a suitable placement, with your approval, and then you can ask for the CH fees to be paid under a deferred payment scheme.You would still have control over your mum's finances, draw her pension and other benefits etc, from which you will pay any difference between social services agreed rates and any top up fees for the CH. The outstanding "loan" will need to be be repaid when the property is sold following your mother's death, but in the meantime you have the choice to either let the property to tenants, and offset the CH fees with any rental income, or sell it at your convenience. The only issue is around limited choice of CH, but it's not always the private expensive ones that are always the best anyway. Wishing you all the best whatever you decide.
     

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