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Court of protection

lacey1962

Registered User
Jan 9, 2016
41
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
 

Cat27

Volunteer Moderator
Feb 27, 2015
11,021
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.
 

lacey1962

Registered User
Jan 9, 2016
41
Crawley
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.
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.