How to take over mums council tenancy when she has no capacity

[Kazza72]

Hi all. I posted a few weeks back about my mums tenancy etc. I have been to the CAB to get advice on whether I will be rehoused of mum moves to a care home, apparently in order to guarantee this, I will need to take over the tenancy (no succession has taken place) and maybe downsize which I am more than happy to do. I may need to appoint a solicitor to reassign the tenancy on mums behalf, however, it's not necessarily certain the council will allow. Does anyone have any knowledge on this?

Thanks

Karen


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[Kazza72]

Also, mum never granted POA to anyone, but SS arranged for me to be appointee


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[Bod]

All I can suggest, is talk to the Housing dept. see if they can help, its in their best interests, after all.

Bod

 

[Kazza72]

Thanks Bod. Solicitor at CAB suggested I contact them next week as it's only a week since the change of circumstance form was submitted. I might have to appoint a solicitor who can assign the tenancy only behalf supposedly... That way I will have the power to downsize assuming it is ok for mum, I don't want to upset things too much although she does way every day that she must go home


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[flossielime]

Does your mum have any capacity - can you explain something and she understands for a moment ?

And can she sign her name?

If so - just get it done asap.

My husband sorted out some legal stuff for his dad when I thought his dad was too far gone to be signing paperwork. But the solicitor reckoned as long as he understood in the moment it was ok.

The thing is as the solicitor suggested (I say this, as it was all suggestion, rather than out rightly said) unless your doing anything that might be contentiousness (for example making yourself the sole beneficiary of a will - when you have siblings) who really is going to (or have the power to dispute) your mums capacity signing the tenancy over to you.

I hope that make me sound like a realist rather than dishonest!!

 

[Kazza72]

Hi flossielime, thanks for taking the time to reply. To be honest mum has absolutely no idea what a tenancy is, she has lost all capacity. The only thing i need assigned is the tenancy, my brother is married and in his own own so would have no interest in the tenancy plus he has not contacted mum for 3 years. I am her appointee, I do not have POA but receive her DLA payments ... All this info is a tad overwhelming, hoping I can get my head around it


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