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

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
 

Pete R

Registered User
Jul 26, 2014
2,038
Staffs
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
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.
 

jaymor

Volunteer Moderator
Jul 14, 2006
12,792
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.
 

canary

Registered User
Feb 25, 2014
11,639
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.
 

Beate

Registered User
May 21, 2014
11,902
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.
 

Pete R

Registered User
Jul 26, 2014
2,038
Staffs
It's not your money so it cannot go into your account.
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.
 

canary

Registered User
Feb 25, 2014
11,639
South coast
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.
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
 

canary

Registered User
Feb 25, 2014
11,639
South coast
Santander will not give me a card only a cheque book.
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.
 

canary

Registered User
Feb 25, 2014
11,639
South coast
I am well aware of the legal duties for attorneys. You obviously did not read your quoted text properly.
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.
 

nicoise

Registered User
Jun 29, 2010
1,806
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.
 

LYN T

Registered User
Aug 30, 2012
6,960
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
 

count2ten

Registered User
Dec 13, 2013
186
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
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.