Can I sell my dads house to pay for his care
- Thread starter Billy27
- Start date
Hi @Billy27 and welcome to DTP
The short answer to your question is - no, you must have either POA or Court of Protection deputyship
Does your father still have the capacity to understand about POA and be able to sign the form? If so, get it done PDQ before it is lost. If not, then Im afraid that you will have to apply to the court of protection for deputyship, which is more expensive and takes longer.
But you have to have either one or the other.
The short answer to your question is - no, you must have either POA or Court of Protection deputyship
Does your father still have the capacity to understand about POA and be able to sign the form? If so, get it done PDQ before it is lost. If not, then Im afraid that you will have to apply to the court of protection for deputyship, which is more expensive and takes longer.
But you have to have either one or the other.
hello @Billy27
a warm welcome to DTP
have a look at these
www.gov.uk
www.gov.uk
should you need to apply to be your dad's Deputy remember to add the sale of the property to the application ... if you don't you will have to make a separate application
a warm welcome to DTP
have a look at these
Make, register or end a lasting power of attorney
How to make a lasting power of attorney (LPA): starting an application online, choosing an attorney, certifying a copy, changing an LPA.
Deputies: make decisions for someone who lacks capacity
How to become and act as a Court of Protection deputy - eligibility, responsibilities, how to apply, fees, supervision and when your deputyship ends.
should you need to apply to be your dad's Deputy remember to add the sale of the property to the application ... if you don't you will have to make a separate application
You dont need a solicitor. You can download the forms and do it yourself, but you do need someone who has known him for two years to witness his signature. I would also speak to your dads care home manager about how you can organise this during visiting restrictions.
One further tip !
I would not tell him that I wanted the POA to sell his house.
I would explain it that I needed it to pay bills, or if they are all on direct debit, I would say if an emergency plumber needs to be called at present I wasn’t able to pay them!
It is not about deceit, it’s simply that sometimes the default answer can be NO ! If you can’t get those forms signed your life will be much more difficult in the future.
If you get a taste for filling in forms and are not claiming attendance allowance already, he still qualifies to receive it if self funding, and it will make the money go a little further.
I would not tell him that I wanted the POA to sell his house.
I would explain it that I needed it to pay bills, or if they are all on direct debit, I would say if an emergency plumber needs to be called at present I wasn’t able to pay them!
It is not about deceit, it’s simply that sometimes the default answer can be NO ! If you can’t get those forms signed your life will be much more difficult in the future.
If you get a taste for filling in forms and are not claiming attendance allowance already, he still qualifies to receive it if self funding, and it will make the money go a little further.
Hi there.
Can he sign over power of attorney.If not you will have a nightmare getting this sorted and you will need to go to court to sort this.?
He has been diagnosed with early onset dementia, can I still get power of attorney to avoid a headache in the future?
hi @Billy27
if your father has capacity to grasp what the LPA is, to state who he wants as his Attorneys and to agree to and sign the documents, then yes you can help him arrange LPAs
a diagnosis doesn't of itself mean that anyone is necessarily considered to no longer have capacity to manage their own affairs
if he refuses, that's awkward, but up to him
if he no longer has capacity for this, you may apply to become his Deputy
a problem you face right now is that your father is in residential care which makes really tricky the organising of all those involved
do have a read through the info on links given previously
and have a look at some of this on the main AS site
www.alzheimers.org.uk
if your father has capacity to grasp what the LPA is, to state who he wants as his Attorneys and to agree to and sign the documents, then yes you can help him arrange LPAs
a diagnosis doesn't of itself mean that anyone is necessarily considered to no longer have capacity to manage their own affairs
if he refuses, that's awkward, but up to him
if he no longer has capacity for this, you may apply to become his Deputy
a problem you face right now is that your father is in residential care which makes really tricky the organising of all those involved
do have a read through the info on links given previously
and have a look at some of this on the main AS site
Search | Alzheimer's Society
www.alzheimers.org.uk
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