POA not seen as valid for purchase of house?

[Fordequa]

My stepdad is in the process of buying a bungalow for him and my mum, who has dementia, to live in after recently having sold their house to downsize to something more manageable for her.

However, despite having POA and my mum having a dementia diagnosis, their lawyers are forcing my mum into taking lengthy and expensive tests to prove her capacity. They have been told that if she is believed to have capacity they can go ahead with the purchase but if not, then they will not be able to buy as my stepdad will be seen to profit from the purchase. This is very upsetting as we had believed having POA was to avoid this situation. We have been told it’s necessary to protect my mum financially but is actually forcing them into a less stable and secure situation.

They are now being told that they may never be able to buy a house unless my stepdad pays for it using only his own money, which he cannot afford to do.

Has anyone else had experience with a similar issue? My mum and stepdad are on the brink of losing the property they were hoping to purchase due to these delays so any advice would be greatly received.

Thanks for any help.

Becky

 

[canary]

Is your step-dad intending to put the property into his name only?

If not, I cant see what the problem is either.

 

[la lucia]

My stepdad is in the process of buying a bungalow for him and my mum, who has dementia, to live in after recently having sold their house to downsize to something more manageable for her.

However, despite having POA and my mum having a dementia diagnosis, their lawyers are forcing my mum into taking lengthy and expensive tests to prove her capacity. They have been told that if she is believed to have capacity they can go ahead with the purchase but if not, then they will not be able to buy as my stepdad will be seen to profit from the purchase. This is very upsetting as we had believed having POA was to avoid this situation. We have been told it’s necessary to protect my mum financially but is actually forcing them into a less stable and secure situation.

They are now being told that they may never be able to buy a house unless my stepdad pays for it using only his own money, which he cannot afford to do.

Has anyone else had experience with a similar issue? My mum and stepdad are on the brink of losing the property they were hoping to purchase due to these delays so any advice would be greatly received.

Thanks for any help.

Becky

I find this really bizarre. I've got memories of house sales being mentioned in the POA notes and I certainly know others who have sold property and bought new property while one half had dementia.

Annd how on earth will your stepfather profit differently from your mum if ownership of the new property stays on the same terms?

I think speak to the Alzheimer's Society hotline and probably change lawyers is the solution to this. The phone number is above.

 

[nitram]

Is your step-dad intending to put the property into his name only?

If not, I cant see what the problem is either.

If the bungalow is to be bought in joint ownership the problem may be that your stepdad cannot sign both for himself and as POA for your mum.
Appointing a trustee to act on behalf of your mum and protect her interests could be a solution.

 

[Shedrech]

hello @Fordequa and welcome
it might help, as suggested, to have a chat with one of the advisors on the AS Helpline 0300 222 11 22

 

[jenniferpa]

Seconding the trustee suggestion from @nitram

Assuming the property will be titled in both their names, a trustee will need to be appointed to act for your mother. How did they manage to sell the original house without one?

 

[Fordequa]

Thanks everyone - we made the decision to get in touch with the LPA directly and they were able to prove that the POA stood, so we've now been able to override the legal team. Very pleased to say my parents exchanged contracts yesterday as a direct result

Thanks so much for your support and advice.

Becky

 

[Shedrech]

hi @Fordequa
really glad things worked out and hopefully your mum and stepdad can now look forward to settling into their new home