Property Query - buying a new house for Mum in joint names

The Whippet Walker

New member
Nov 13, 2019
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My mother is a PWD and I'm her main carer, one of her attorneys (both Continuing and Welfare) with my sister being the other attorney, to act jointly and severally.

At the moment Mum lives in her own house and I'm there pretty much all day every day, with my daughter resident in the house in case Mum gets up in the night and wanders (she has on occasion got up for the bathroom, got confused, dressed and walked to the shop in the small hours). My daughter's starting a new job 150 miles away in a few months, though, so we've been working out where Mum wants to go from here. I live about 4 miles away on a smallholding with livestock to look after, so the time away is a strain. After discussion with Mum, she's decided that she'd like to sell her house and move in with me. That's absolutely fine with me, we get on very well and Mum likes being at my place, she was brought up in the country and enjoys feeding the ducks and collecting eggs and so on. Mum's pretty healthy other than her Alzheimer's and apart from things like forgetting how to cook and make cups of tea, plus the occasional confusion over walking on pavements rather than roads or going shopping at 4 in the morning, she only really needs supervision of meds, a bit of help getting her clothes laid out for bed and in the morning and someone to talk to and do things with, so I'm hopeful that care homes will be a few years off yet! She doesn't want to go into care and has said so on numerous occasions.

The problem is, I bought my place as a fixer-upper, so it's not ideal for a PWD! Mum's suggested solution to this is that she sells her house, I sell my place and we pool the money to get a more elder-friendly place that doesn't need work doing on it, with equivalent amount of land for the critters, putting the new property in joint names. I've no problems with the idea on my own account, but the questions that occur to me are:

1, is that questionable under Deprivation of Assets?

2. Is it a conflict of interest for me to act as her attorney to do this, given that I'll be living in any new place and continuing to care for her where she wants to be for as long as possible but also under the terms of her Will, I inherit any property she owns when she passes (she did this some years ago as she wanted to recognise that I've spent the last 15 years helping her care for my father in his final years and have been there to help her and spend time with her ever since, while my siblings live hundreds of miles away and therefore haven't been). It would be more inconvenient for my sister to act for her in the matter, given that she's the other side of the country, very busy running a business and not handy for solicitors and things but I daresay if Mum said loudly and clearly at frequent intervals, preferably in front of an independent witness, that this was her wish, I might be able to get my sister to take it on (she's inclined to assume she knows best and fail to ask Mum's opinion until I point out her rude behaviour).
 

Grannie G

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Louise7

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Mar 25, 2016
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There are quite a few things to consider here. From what you have posted previously your Mum needs 24hr supervision to keep her safe. She is getting up in the night, wandering out into the road, needs help with dressing, washing, eating & drinking, has forgotten how to flush the loo, developed obsessions and also has repetitive conversations. At the moment you have been sharing the caring with your daughter but have you considered the difficulties of managing all this, plus a smallholding/livestock, on your own? It sounds as though the possible need for a care home may be closer than you think. Very few people with dementia say that they want to go into a home but there comes a time when their wants have to be replaced by their needs.

You have previously posted that your Mum has not been able to deal with her finances herself for a few years now and the power of attorney has been lodged with the bank. As you and your sister are responsible for ensuring that financial decisions are made in your Mum's best interests this brings into question whether she has mental capacity to make financial decisions herself. The fact that you are referring to your sister having to act on your Mum's behalf in selling/purchasing the property suggests that your Mum has lost capacity. Your Mum saying loudly and clearly at frequent intervals that she wants to sell her home and buy a new one jointly with you doesn't come into it if she does not have mental capacity. On that basis your sister isn't necessarily being rude by failing to ask your Mum's opinion, she is carrying out her role of attorney by making decisions on behalf of your Mum that she is unable to make herself.

As an attorney you wouldn't be able to deal with the purchase of the jointly owned property yourself - seek advice from the OPG about this if you and your sister intend to go down that route.

The question of deprivation of assets is a difficult one as the decision would be considered/taken by the local authority based on all relevant facts at the time but if your Mum needed help with paying for her care they would definitely look into this, bearing in mind that the new jointly owned property would be purchased shortly after a diagnosis of dementia and at a time when there was a possibility of your Mum needing to use her assets to pay for care. What someone has written in their will doesn't come into it if assets are required to pay for their care.

You and your sister definitely have a lot to think about here with regards to your Mum's future care and the funding of this. As Grannie G has just posted I suggest that you seek some professional advice.
 

The Whippet Walker

New member
Nov 13, 2019
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Thanks, both. I shall have a long discussion with a solicitor in the New Year (having worked in the Private Client department of a large legal firm, I know perfectly well that means probably not before the second week of January - it takes time for them all to trail back into the office after the festive season!) My mother both does have capacity and doesn't - she's no longer willing or able to do her banking online or on the phone, but will happily lean over my shoulder and tell me what needs doing (and is invariably correct) and if she wants to go and talk to people in the branch, she's perfectly capable of making good decisions there too.

I'm leaving my sister alone until after I've seen a solicitor... then I think I will advise her to talk to her own legal advisor.

Under Scottish law, no, my siblings have absolutely no call on my mother's heritable property under her will - only moveable assets are subject to Legal Rights. In other words, if I have a conflict of interest over buying a house, my sister has a conflict of interest over turning a house into cash.

We may need to find an independent adjudicator, tbh! Someone with no potential conflict of interest.