Query re LA placing a charge on property

[Coffee lover]

Hello & thanks in advanced for reading our saga ..
My mum was placed in a care home (Scotland ) July 2023.
She was diagnosed with mixed dementia & has chronic terminal lung conditions. I previously cared for her moving into her home for months but she had a lot of hospital admissions & medics refused to discharge her home ..
since moving into care she has improved with her dementia & has been assessed as having capacity.
Now the staff told her she could be living alone or with me if she had a care package..
Mums house sale is two weeks away from concluding .. she thought she may buy a house with her profit for us to live together. I had an advisory call with her SW .. there was no decision made at all.. it was me looking for guidance only.
Now the LA have issued a charging order on her property.. our lawyer is fighting this . No where did we say we would not pay back any money due & she would not be spending all of her profits on a new home.
I feel we are being put under huge stress & it’s not helpful for mum.
I am really suffering from severe anxiety etc because I’m afraid the house sale will fail . POA was removed & I feel that as she has capacity Sw should be talking to her & explaining clearly the whole situation.
Sorry for the rant I would welcome any advice.
Kind Regards

 

[Jessbow]

If a house sale is about to conclude it seems logical that a charging order is placed on it- when the sale completes,
£x will go to mum,
£Y will go to council
£Z will go to Solicotor- fees & disburments
£* will go to estate agent

I dont see any reaon why it should hold up completion

 

[Coffee lover]

If a house sale is about to conclude it seems logical that a charging order is placed on it- when the sale completes,
£x will go to mum,
£Y will go to council
£Z will go to Solicotor- fees & disburments
£* will go to estate agent

I dont see any reaon why it should hold up completion

Thank you for replying that has helped a lot.

 

[nitram]

I dont see any reaon why it should hold up completion

Except that

Now the staff told her she could be living alone or with me if she had a care package..

she may not have sufficient capital to buy the new house.
She could live in present house and the charge be redeemed on her death.

she may buy a house with her profit for us to live together.

If she has to go into residential care the house will not be disregarded if you own another property even if you are over 60 or disabled,
<above applies in England, get advice on Scotland>

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