1. elainewal

    elainewal Registered User

    Jan 19, 2015
    3
    Derbyshire
    :confused:

    Hi I'm new to this forum but I'm hoping someone may be able to help.

    My mum is 92 & has Alzheimer's. She has been in nursing care for 2 years now. Dad passed away last March so I've been left sorting all the finances & legal stuff out.

    I applied to the Court of Protection for Deputyship which I have been given. But a clause in my Deputyship order states I cannot sell my mother's property. I questioned this with my Office of Public Guardian worker & was told I just needed to fill out a form. I received the forms from the Court of Protection & it now appears that I also have to apply to be a Trustee in order to sell the property (and pay yet another £400 court fee). Has anyone else come across these same issues?

    Also I supplied the local authority with a copy of my Deputyship order & they are now saying my mum should have been self-funding since my dad died as she now has the asset of the property. They say I can claim Attendance Allowance in order to help out, but I can't claim back payments of this from last March so will be way out of pocket. Is there anything I can do about this?

    All I seem to do these days is try to sort paperwork & finances out but I'm sure others must feel the same?
     
  2. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,498
    Female
    Near Southampton
    #2 Saffie, Jan 19, 2015
    Last edited: Jan 19, 2015
    Welcome to TP.
    Yes, I have experience of this issue. It is a separate application so yes, you do have to pay a further £400.
    You do also have to appoint a Trustee to act on behalf of your mother in the sale. I appointed a friend and this friend had to sign a form which also has to be witnessed. I managed it myself without a solicitor.
    It's a bit fiddly but quite doable and the people at the end of the telephone at the CoP are helpful if you have a query about the forms. There are forms about evidence too, which were the ones I found a bit confusing.

    I don't have personal experience of the latter but think the LA are correct about your mother self-funding,
    I cab't comment about how far back you can claim the AA though.
    Somebody else will know about this though I'm sure. Good luck.
     
  3. elainewal

    elainewal Registered User

    Jan 19, 2015
    3
    Derbyshire
    Many thanks for your reply Saffie.

    DWP will only backdate AA from the date I requested the form, what annoys me is the LA didn't tell me about the AA last March even though they knew the about dad's death & the property.
     
  4. jeany123

    jeany123 Registered User

    Mar 24, 2012
    19,049
    Durham
  5. elainewal

    elainewal Registered User

    Jan 19, 2015
    3
    Derbyshire
     
  6. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,498
    Female
    Near Southampton
    I'm sorry, I've just realised that you are to be the appointed Trustee so I have misinformed you. I was selling a holiday chalet my husband and I jointly owned which was why I had to appoint my friend as a Trustee to represent him.
    As you have no interest in your mother's house, you will of course be acting on her behalf yourself.
    My apologies.
     

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