Deputyship & selling property

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?
 

Saffie

Registered User
Mar 26, 2011
22,505
Near Southampton
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?
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.
 
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elainewal

Registered User
Jan 19, 2015
3
Derbyshire
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.
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.
 

jeany123

Registered User
Mar 24, 2012
19,036
70
Durham

elainewal

Registered User
Jan 19, 2015
3
Derbyshire
You have to have had care needs for 6 months before they start to pay, the 6 months is not back dated,



Thanks jeany. But my mum has been in care for 2 years now & the DWP stopped her AA 2 years ago when the LA paid towards her care. It seems that she can only claim AA when she is self funding. It's confusing as the DWP told me today that she was entitled to AA all the time she has been in care but according to gov.uk she isn't entitled to AA if she is in care.
 

Saffie

Registered User
Mar 26, 2011
22,505
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.