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Mothers House

RE70

New member
Aug 14, 2020
7
Hi, first time in posting a question, however I have previously used this forum a lot for seeking advice whilst on the dementia journey. As I always say, "you have to live with it, to fully understand it". I sold my small flat a number of years ago to move back in with my mother as her care needs got greater as she deteriorated with this horrible illness, whilst still holding onto a demanding job. 3 years ago was my anus horribilis, as mums aggression increased and she was reluctantly sectioned under the Mental Capacity Act. Initially under section 2 then progressed onto section 3. A horrendous experience that has haunted me ever since. Following this, she transferred into a nursing home and is being fully funded between the local authority and NHS to cover the extortionate fees. I have continued to live in the house, without any challenge from my brother (he wouldn't dare as his support in mums care was very minimal) and have made slight improvements ,which I have funded for myself for decorating etc. as the house was very tired. I have used my mothers money for house repairs and was even told this week that the roof needs significant work on it following investigation of water leaking in the house. :0( I always thought I would live in the house long term as it has been our family home for 50 years, even despite "neighbours from hell" moving in next door 4 years ago, who lets just say didn't have any empathy to someone like my mother on their doorstep and were constantly complaining. The female neighbour, even works in the caring industry........... ! When I asked them to avoid doing things that would antagonise my mother, they would do it more and just kept telling me that we could move. They even anomalously contacted social services telling them my mother wasn't fit to be in her own home. They have continued with their bullish attitude towards me (I am a women on my own) and I am now at the end of my tether and just want to get away.
I have previously received mixed messages from informal conversations with various solicitors on what "my rights" were with mums home while mum is still with us, but I now want to understand if anyone has had experience of selling the home of the person with dementia who doesn't pay for care. I presume, if we can, the capital will sit with mum until she is no longer with us which will then be split between my brother and I as per her wishes on her will. We both have LPOA. I haven't yet raised the conversation with my brother, but he has no sentimental connection with the house or even live in the same town, so I know this wont be an issue.
 

Bunpoots

Volunteer Host
Apr 1, 2016
4,764
Nottinghamshire
Welcome to posting on DTP @RE70

I'm sorry to read about your neighbours. We had neighbours from hell next to us for about 18 months before the landlord managed to evict them so I know how stressful it is.

I think if your mum has lost capacity you can sell the house using LPA your solicitor should be able to tell you.
 

canary

Registered User
Feb 25, 2014
13,419
South coast
I would check with the Office of Public Guardians, but I think you might be able to sell her present house and buy another one so long as it is in her name and you have POA.
All money outstanding from the sale has to go into an account in her name.
 

RE70

New member
Aug 14, 2020
7
I would check with the Office of Public Guardians, but I think you might be able to sell her present house and buy another one so long as it is in her name and you have POA.
All money outstanding from the sale has to go into an account in her name.
Many thanks for your reply. I would be using my own money to buy a house so it would be mine. I am just presuming I can sell hers as there would be no requirement for it and the funds from the sale would sit with my mum.
 

canary

Registered User
Feb 25, 2014
13,419
South coast
I am just presuming I can sell hers as there would be no requirement for it and the funds from the sale would sit with my mum.
Yes, thats exactly what you can do. Sorry, I misunderstood - I thought you wanted to move, but remain in her house. If there is no requirement for the house any longer, then yes, I agree, the best thing to do is to sell it and so long as you have POA there should be no problems.
Remember that because of the likely sums of money, it would be best to split the amount between several banks (all accounts in her name, of course)
 

MaNaAk

Registered User
Jun 19, 2016
2,551
Essex
Dear @RE70,

I just wanted to make sure that you get into trouble with your brother so if anyone else is reading it will be interesting to see what you think.

MaNaAk
 

Jessbow

Registered User
Mar 1, 2013
3,078
West Hertfordshire
No reason that I can see that you shouldn't sell it, bank her procedes in her account.

I think you could legitimately use her money to repair the roof- it is after all , her house. May not be worth your while though. ( we redecorated & replaced kitchen in my mums bungalow when we sold it- new owner ripped it all out again!)

You can then get on and buy your own place with your own funds.

Just be aware of inhertance tax thresholds, given your mothers advancing years- almost pointless hanging on for a good price for the house for the taxman to have it when she passes away.
 

RE70

New member
Aug 14, 2020
7
Many thanks
No reason that I can see that you shouldn't sell it, bank her procedes in her account.

I think you could legitimately use her money to repair the roof- it is after all , her house. May not be worth your while though. ( we redecorated & replaced kitchen in my mums bungalow when we sold it- new owner ripped it all out again!)

You can then get on and buy your own place with your own funds.

Just be aware of inhertance tax thresholds, given your mothers advancing years- almost pointless hanging on for a good price for the house for the taxman to have it when she passes away.
Many thanks for reading my post and your response.
 

Shedrech

Volunteer Moderator
Dec 15, 2012
9,258
Yorkshire
Hi @RE70
there's no problem with Attorneys selling the property of the donor.... you will both need to sign documents, though one Attorney can take on the day to day contact with the estate agent and conveyancer
 

RE70

New member
Aug 14, 2020
7
Hi @RE70
there's no problem with Attorneys selling the property of the donor.... you will both need to sign documents, though one Attorney can take on the day to day contact with the estate agent and conveyancer
Many thanks for your response
 

prittlewell

Registered User
Jan 28, 2020
33
Does your Mum have CHC funding, or have the LA not insisted on the property being sold as you are a relative over 60 living there.

If it is because you have a right to live there, and you choose to sell the house, your Mum become self funding. Also, if they review her situation and they end her CHC, they may pillage her savings to pay all home fees.
 

RE70

New member
Aug 14, 2020
7
Many thanks for your response.
There is only myself (under 60 yrs) living in the property and she receives funding under section 117 of the mental health act. This can only be stopped if she no longer needs support connected to her mental disorder..............