Deprivation of property.

[saf0113]

Not quite sure where or how to start but here goes.....
My dad is 92 and had a stroke in March which took away his speech and power to stand unaided. He was already urinary incontinent and living with Dementia for 5+ years. His home was jointly owned by my mum and dad and 2 brothers. When my mum passed away in 2007, it left the 3 of them. Earlier this year it was clarified that mum's share goes to dad .....so that leaves him with 50% of the house. And each brother has 25% each.
My eldest brother decided that he would buy the house and pay an agreed amount to dad and the other brother, and he and his family would move in and give dad 24 hour care. All great so far.
The brother 2 decides to hand over his 25% to brother 1 which now gives my dad and him 50% each.
In February brother 2 decides to go to a solicitor and prepare a document to transfer ownership - Dad with dementia was taken along and signed a document where brother 1 is 'Legal owner' and brother 2 is 'Beneficial owner' 'absolutely and irrevocably'
But this clearly leaves dad excluded and brother 2 who 'gave' his 25% to brother 1 has now ended up with the entire house! He has said that dad is no longer his concern and 'just put him in a home'
Surely this can't be legal...... ?
The whole plan was to rehouse dad after hospital in the family home but through brother 2 and his trickery we can't do it.
Advise please.

 

[karaokePete]

Hello @saf0113, welcome to posting on TP. I hope you find this a supportive place.

The first things that spring to mind are is there a PoWer of Attorney in existence for the handling of your dad’s affairs and did your dad have capacity to sign any documents. It may be that legal advice is required.

In the hope that it will help you in some way, here’s a link to a relevant AS Factsheet on capacity https://www.alzheimers.org.uk/sites...nloads/factsheet_mental_capacity_act_2005.pdf

 

[canary]

This definitely sounds like Deprivation of Assets https://www.ageuk.org.uk/informatio...aying-for-care-support/deprivation-of-assets/
If he no longer has savings to pay for a care home then the Local Authority will take a very dim view of the transfer of the house into the brothers name.

I am assuming that your dad is in hospital at the moment and your brother is refusing to allow his dad back into his previous home? If so, then your brother might be in for a nasty shock. The Local Authority will not just automatically pay the care home fees. Firstly, there will be there will be an assessment to see if a care home is required and these days it is becoming harder to convince SS that a care home is, indeed required, as they try and keep someone at home for as long as possible. Secondly,there will be a financial assessment to find out what financial contribution they need to make and if they find Deprivation of Assets they will almost certainly either take steps to recover the money, or treat your dad as if he still had it.