Buying a house from my mother who has alzheimers

ss3n08

My mum owns my house and bought it for me and my daughter to live in 23 years ago. I have been paying rent for 23 years on it but in an informal family agreement. My mum has developed alzheimers a few years ago and my dad who was her main carer passed away. I am now her main carer (she does not live with me) and we have been advised that if she needs to go into a home, social services could sell this house (as it is in her name and an asset) and we would be homeless. I am trying to find out if there is any legal way in which I could buy the house. My mum understands the situation when I explain it to her and she agrees that she wants to sell it but obviously with her condition she forgets quickly and the solicitors have said it may not be legal for her to sell it to me. Is there anyway I can set up a long lease rental agreement so that I don't lose my home? Or am I only protected through the court of protection? Anyone who could offer any advise would be greatly appreciated, I realise it isn't a position everyone has been in. Thank you.

ILW

If she sells you the house now the money she gets for it would be used for care fees. Can you afford to buy it?

ss3n08

She isn't at a point where she needs care however we don't know how long it may be before she does. We were'nt looking to pay the market value but instead pay a nominal amount (like a pound) and continue to pay rent. I was hoping that it may be possible to set up a long term rental agreement so I'm locked into a renatal contract for maybe 20 years where I keep paying my mum rent.

Meatballs

At some point you will need to take power of attorney? to be responsible for legal decisions in her name. If she is receiving an income through tenancy that covers her care or you are paying for her care then I doubt they would want to sell the house?

Aside I think the NHS fund nursing homes for Alzheimers.

You would probably be better off posting on the Alzheimers Society forums or ringing their helpline 0845 300 0336.

Sorry to hear your story, my mum went through the same. Ashamedly I buried my head and let my dad deal with the brunt of it

RAS

Hi

As your mother no longer has the mental capacity to sell the house, any contract you now try to arrange will be null and void. You need to contact the Public guardian's Office and be prepared for a very difficult time organising Guardianship. be aware that anything that you do which is to your advantage rather than your mother's is illegal.

ss3n08

My Dad left quite a substantial amount of money behind which at £900 a week I estimate would cover my mums care fees (when and if she needs it) for about a year and a half. At that point it has been advised that social can sell my house (which is in my mums name) to cover another year or so of fees. I don't think NHS will pay due to the savings left behind which is why I am having real difficulty finding a way round this so that I don't lose my house. I can't afford to find anywhere else to live. I have heard that if the carer lives with the person needing care the house can't be sold but I assume this is only up until the point the person needs residential care? Thanks folks.

Caz3121

The house will not necessarily be sold but you are correct it will be counted as an asset and any means tested benefits/care assistance may be affected by it. The care home fees need to be paid, it does not matter how but many people do not have that amount of cash around to do that without selling assets (and if moving from a property to a home they may not need the property any more)
Where does your mum live just now?
I would be wary of her selling the house for £1 (which is really giving it away) as it could be classed as deprivation and she would be assessed as if she still had the property

ss3n08

Thanks RAS, what is the difference between guardianship and going through the Court of Protection?

RAS

The Court of Protection no longer exist, it is the Public Guardian's Office.

roddydogs

Or "How can I get out of paying care home fees"? So I can inherit a nice free house.

Ankatden

Given that you paying rent for 23 years then its probable that you are a protected tenant under the law so even if someone wanted to sell property to fund care the value with you as a sitting tenant would be severly reduced.

Solicitor is correct in that selling to you could get overturned as disposal of assets at undervalue.

What would be a good idea is to get a proper RICS survey done where the fact that you are holding a Regulated Tenancy is fully included in assessing the value of the property as a sale.
It may require a number of valuations as then any future claim if you were to buy it can be countered by having had Independent valuations as to the value of the property.