Selling mums house with no LPA

[sallycop]

Hi I think my Mum will be going into care soon as not safe to keep her at home any longer due to her behaviour.
As I do not have LPA and social services said the house will need to be sold which I knew but thought it would be when she dies and the monies owed paid then.
If it has to be sold now will I as only daughter handle the sale and clear house etc ready for sale with the money then be deposited in her bank account so her fees and costs can be paid monthly.

I do have control currently of mums accounts as she signed in the bank access for me to do this several years ago.
I feel so confused and worried about it all is there anywhere I can call for advise please
Thanks in advance

 

[canary]

Hello @sallycop

I was in exactly the same position with mum - she absolutely refused to give POA, although she did allow me 3rd party access to her bank account. Unfortunately, this is not enough to allow you to sell her house. If your mum no longer has capacity to grant POA, then what you have to do (assuming that you are in England or Wales) is apply to the Court of Protection for deputyship (Scotland and NI have a similar procedure). This is more expensive than POA and is more faff, but do-able. If you do not wish to do this, or are unable to, then SS will apply and the court will appoint a panel solicitor, but be warned that this will give the solicitor legal authority over all her bank accounts, savings, house and possessions and you will not have any authority over them, or say over what happens to them.

 

[sallycop]

Thanks so much for coming back to me so would we not be able to clear the house in the meantime whilst waiting for deputyship and get ready for sale and do we need to tell the whole family of our attentions as have fallen out with some of my cousins (mums nieces ) or would it be just my immediate family like my 3 grown up children.

 

[canary]

Yes, you would be able to start clearing the house now, but not sell it.
Informing relatives is part of the application process and I believe you have to tell at least three people. You dont have to do it now - there are official forms to send them once your application has been received and the Court of Protection will tell you what to do.

You can get a solicitor to do the application, but this is expensive (about £3,000), or you can download the forms from the gov site and do it yourself. It is fairly complicated and there is a fair bit of paper shuffling, but I found it do-able. Age UK or Citizens Advice will usually help with the form filling too.

BTW, I would only apply for Financial deputyship. The Health and Welfare one is very seldom given as the court prefers to decide individual cases, and you you would have to pay the costs even if you dont get it.

Deputies: make decisions for someone who lacks capacity

How to become and act as a Court of Protection deputy - eligibility, responsibilities, how to apply, fees, supervision and when your deputyship ends.

www.gov.uk

 

[sallycop]

Yes, you would be able to start clearing the house now, but not sell it.
Informing relatives is part of the application process and I believe you have to tell at least three people. You dont have to do it now - there are official forms to send them once your application has been received and the Court of Protection will tell you what to do.

You can get a solicitor to do the application, but this is expensive (about £3,000), or you can download the forms from the gov site and do it yourself. It is fairly complicated and there is a fair bit of paper shuffling, but I found it do-able. Age UK or Citizens Advice will usually help with the form filling too.

BTW, I would only apply for Financial deputyship. The Health and Welfare one is very seldom given as the court prefers to decide individual cases, and you you would have to pay the costs even if you dont get it.

Thanks so much for all your help….what a nightmare I don’t feel mentally strong enough to tackle it but I know I have too but will seek some advice today like you suggested.

 

[Quite contrary]

Hi @sallycop My understanding is that your 3 grown up children would be considered closer family than the nieces. Are Mum's brothers/sisters still living? If so, they would supersede your children unless estranged, in which case they would be presumed to have no interest.

 

[sallycop]

Hi @sallycop My understanding is that your 3 grown up children would be considered closer family than the nieces. Are Mum's brothers/sisters still living? If so, they would supersede your children unless estranged, in which case they would be presumed to have no interest.

Hi no none of her brothers and sisters are alive so my children would be next after me then thanks for clarifying.