Buying mother’s property as LPA to pay for care

[April1234]

My mother has dementia and is in a care home. Her property needs to be sold to pay for her care.
As her only son and LPA I want to buy her property (it was my family home). This would be at market value and not less so of no benefit financially to myself.
Can I do this ?

 

[Kevinl]

I dont see why not, to cover yourself Id get a few valuations then pay the average or highest if theres not much in it.
As an LPA you cannot benefit financially but if youre paying the market value and its your former or current family home I cant see what the issue might be.
K

 

[April1234]

Thank you for this Kevin. We have been getting mixed advice on this with a solicitor saying we need to apply for a Court of Protection order but we don’t know why and they have said we wouldn’t be granted it anyway ! Helpful
We have got one valuation so will get 2 more

 

[Kevinl]

Might be best as conveyancing still has to happen for you could ask your solicitor if you should use a different legal company to act for your mum, might be a way of them and you covering yourselves.
If they will act for both parties then bonus, do it.
K

 

[April1234]

Yes we had considered this 👍

 

[nitram]

If she has lost capacity you can't act for both yourself and her.
If there is not another joint and several attorney to act for her a trustee will have to be appointed to act for her to safeguard her interests.
Conveyancing solicitor will be able to organise this.

 

[April1234]

Thank you