• All threads and posts regarding Coronavirus COVID-19 can be found in our area specifically for Coronavirus COVID-19 discussion.

    You can directly access this area >here<.

Attorney wants to sell mum's house and throw me out

Trevsmum

New member
Jul 3, 2022
1
0
My mum is in a CH, i still live at home having cared for her at home for a couple of years. My sister has poa for my mum, as I was foolish enough to trust her. She now wants to sell the house and throw me out instead of waiting for mum to pass. The money is not needed for fees. I know it needs to go eventually, it is left yo us both in her will. But she has given me 4-6 weeks to find somewhere else and leave. What are my rights? Also can she enter the house without my permission ? She was never interested in her care only money. I have a mind to bring g mum home!
 

Grannie G

Volunteer Moderator
Apr 3, 2006
76,281
0
Kent
Hello @Trevsmum Welcome.

There will be people here who have had similar problems to yours and I hope they post in reply.

Meanwhile it might help you further to contact the Helpline


It is open today

  • Monday to Wednesday: 9am – 8pm
  • Thursday and Friday: 9am – 5pm
  • Saturday and Sunday: 10am – 4pm
*Calls charged at standard local rate
 

canary

Registered User
Feb 25, 2014
18,833
0
South coast
Hi @Trevsmum
Who is paying your mums care home fees? Has your mums house been disregarded as part of her assets in the financial assessment for paying her care home fees leading to the Local Authority paying them, or does she have some other way of paying the fees?

This is important, because if the house has been disregarded and the Local Authority is paying her fees, then as soon as you leave the house and it is sold she would be considered self-financing and eligible for paying the care home fees. Not what your sister would want!
 

Shedrech

Volunteer Moderator
Dec 15, 2012
12,448
0
Yorkshire
Hello @Trevsmum
A warm welcome to DTP

As canary writes, it is worth finding out what the Local Authority has or has not agreed about the funding of your mum's care home fees
It is possible for the LA to disregard a property in certain circumstances to allow you to remain there ... however, you would still need to pay rent at market rate and take over paying all bills eg utilities, Council Tax etc ... or they could agree to a deferred payment arrangement, again with you paying rent and bills
Have a look here:

Esp:
However, your home will not be taken into account if one of the following people also lives in the property, and will continue to live there after you have moved into a care home:

  • a husband, wife, civil partner or partner
  • a close relative over the age of 60
  • a dependent child
  • a relative who is disabled or incapacitated.
If your house is also the permanent home of someone who has been caring for you, for as long as they are living there, your local authority has discretion to decide whether or not to include the value of the home in the assessment. This applies especially in cases where the carer has given up their own home to care for you.

The local authority may also allow the carer to continue to occupy the home while charging the care fees against the home. This is known as a deferred payment agreement (DPA) and it means the fees can be recovered by the local authority when the property is sold.

Please don't try to bring your mum back to the property ... she no doubt moved into residential care because that is now required to meet her care needs

Maybe have a chat with your local Citizens Advice Bureau as they have probably come across similar situations
 

Jessbow

Registered User
Mar 1, 2013
4,319
0
Midlands
As POA and her daughter, is there a reason why she shouldnt come in?


Are you sure the house value isnt needed for carehome fees?
Are you paying all the bills and etcs, keeping the place clean & tidy etc?

Please dont try andbring mum home, just to spite your sister