Court of protection

[lacey1962]

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]

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]

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.