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Mother transfer house to son to avoid scams...

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Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    kingstreet wrote: »
    Giving the property to a relative might be deemed deprivation of assets if soon after, she requires care which will then need council funding.
    While true, I don't think that this on the face of it is sufficient reason not to do it. All that happens in deprivation of assets cases is that the local Authority considers the case as though the person still had the assets. OP's boyfriend will still have the asset available for his mother, so she should be in the same position as if she held the asset herself.

    Although I think some sort of trust is required here, with boyfriend as a trustee, rather than simply transferring to OP's boyfriend.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Nosht
    Nosht Posts: 744 Forumite
    edited 1 July 2011 at 1:58PM
    Urgent to have POA in place as soon as possible as it has to be approved by medical & if the person is too far gone then its too late to authorise.

    N.
    Never be afraid to take a profit. ;)
    Keep breathing. :eek:
    Just because I am surrounded by FOOLS does not make me wise. :j
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    thinking about it, it might also be possible to register a simple charge on the land registry over the house, if she agrees. Sales can't go ahead without clearing charges (though wouldn't stop her running into other problems that might indirectly lead to a sale being necessary).
  • If she hasn't got mental capacity she can't sign over the house or sign a power of attorney. That's the major and first issue to resolve.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
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