1. Expert Q&A: Benefits - Weds 23 October, 3-4pm

    Our next expert Q&A will be on the topic of benefits. It will be hosted by Lauren from our Knowledge Services team. She'll be answering your questions on Wednesday 23 October between 3-4pm.

    You can either post your question >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll be happy to ask them on your behalf.

Court of protection

Discussion in 'Legal and financial issues' started by lacey1962, Jan 12, 2016.

  1. lacey1962

    lacey1962 Registered User

    Jan 9, 2016
    38
    Female
    Crawley
    Hi,

    Do court of protection normally allow the full amount of a property to be used by the wife whose husband is in a care home that is being partly funded by the LA when she wants to move house to be nearer her daughter ? Or is half automatically taken to fully fund the husband.

    Thank you
     
  2. Cat27

    Cat27 Volunteer Moderator

    Feb 27, 2015
    10,230
    Merseyside
    Selling the property will mean that the LA will regard half the proceeds as your father's capital. This half cannot be used to purchase a new property for your mum although the LA have discretion to allow some of it to be used in exceptional circumstances.
     
  3. lacey1962

    lacey1962 Registered User

    Jan 9, 2016
    38
    Female
    Crawley
    I spoke the my mums LA and they said she can use all of the funds from the sale of the house but if there is a difference between cost of selling and buying a new home for mum then what is left is to be divided between them and his share would possibly mean he had to be self funding. I am waiting for the court of protection to give permission to sell so we can start looking for something more suitable for mum near me.
     

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