my fathers partner wants equity release, and for him to sign his rights away

Discussion in 'Legal and financial issues' started by toplid, Jul 9, 2018.

  1. toplid

    toplid New member

    Jul 9, 2018
    I hope this is the right section.
    Hello, I am nervous but I wonder if anyone could help me please.
    My father has dementia, he has had it for nearly four years, he is doing all right most of the time.
    About 18 years ago he meet a lady and decided to move into her house in doing so he gave up his council house, she was 6 years into paying her mortgage, about 2 years after dad moved in she gave up her job and he was the sole wage earner. he had a full time job and paid towards the house for 14 years, until he got dementia.
    He is 76 next month and his partner has always made it clear to us children that the house is hers and hers alone, we are fine with that. What she did always say was that this was dads home and he can stay until he dies, again we are fine with that. But the mortgage has just been paid in full and now she wants equity release on the house, again fine with us, (her two children live abroad and never really bother with her).
    Now this is my problem, she told us that she is getting £30000 equity release to do the house up and various other things, again fine with us, but what she never told us was that she took dad to a solicitor to sign a form to sign his rights away. Fortunately the solicitor was not unscrupulous and after having a conversation with dad said no he is in no fit state to sign. She then phoned me and was crying about not being able to do the house up, she told me that she asked dad over and over again just to say no he didn't want to stay in the house on his own after she dies, fortunately he said yes he would stay. I asked her so he loses his partner then his home, what is he going to do then, her answer was he has three independent children, its not her problem.
    The equity release people gave her a list of solicitors to use, she just chose the nearest, she told me that she may go and see another solicitor after speaking to the equity release people today.
    My problem is what rights does dad have? and if this would have gone through, we would be none the wiser.
    Our fear now is we think that she is going to say that she can not cope with dad and put him in a home, just to get him out of the house. I have him two full days a week and relatives have him another two days to give her time for herself, I also visit every day to make sure they are all right.
    This is making me sick with worry, I don't understand why she wont let him stay in the house if she dies first.
    I am trying to get in touch with citizens advice and shelter and alzheimer's society for help and advice.
    I hope that someone could help me. Thank you.
  2. Duggies-girl

    Duggies-girl Registered User

    Sep 6, 2017
    Well, thank goodness your dad said the right thing. I don't have any advice for you other than you need to seek advice and very quickly for your dads sake. Others on here may have some suggestions.
  3. Normaleila

    Normaleila Registered User

    Jun 4, 2016
    Hi toplid
    I'm sorry to hear you have so much worry about your father and his situation. Your father's partner needs him to sign away his rights because she won't get equity release till he does.
    I don't imagine she can just evict him without going through a formal process because he probably has rights as a lodger, if nothing else. On the other hand, no one can be made to care for a vulnerable adult - the local authority and social services have the duty of care.
    I'm not sure how you can protect him from being 'tricked' or 'persuaded' into signing away his rights.
  4. karaokePete

    karaokePete Volunteer Host

    Jul 23, 2017
    Hello @toplid, you are welcome here and I hope you find the forum a supportive place.

    I think it would be best if you spoke to the experts on the help line, details as follows

    National Dementia Helpline
    0300 222 11 22
    Our helpline advisers are here for you.
    Helpline opening hours:
    Monday to Wednesday 9am – 8pm
    Thursday and Friday 9am – 5pm
    Saturday and Sunday 10am – 4pm

    Beyond that it may be a good idea to check for support services in your dad’s area as there, amongst other things, there may be an advocacy service that would be useful in protecting rights. You can do a post code search here

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