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Can I buy my mums house
jack_tyler
Posts: 141 Forumite
Hello everyone. I really need some help. I want to know if I am allowed to buy my mums house, il try and explain more below:-
In Aug 2013 I was made redundant from my job as a Civil Servant. Then only a few months later on the 12th April 2014 my husband of 14yrs, was killed whilst riding his motorcycle. A car driver turned across his path causing him to fall from his motorbike, and sadly he was killed instantly. This also happened on my birthday. As a result the driver was prosecuted and since then there has been a lengthy Civil Claim going on. My late husband and I have a son together who was only 12yrs old at the time he lost his dad. Then on the 7th Dec 2014 my dad passed away, so in the space of only 8 months, I lost the 2 most important men in my life. My mum & dad both made wills, and after my dad's death, everything went to my mum, and then in turn when my mum is no longer with me, everything will come to me as I am an only child. Unfortunately on the 2nd June 2016 my mum was diagnosed with Dementia. I had suspected that she may have something like this because approx 6months before my dad passed away, she was getting more and more forgetful about things, and confused. So I made the appointment for her, tests were done and then she was diagnosed. She takes medication for her condition which doesn't stop it, apparently it just slows it down. Since my mums diagnosis, she has got slightly worse. She talks a lot about her own mum & dad as if they are still with us, and she seems to have forgotten being married to my dad at all, on a few occasions she has even thought that I was her cousin, and has spoke to me as though I am not her daughter. She has carers coming in 3 times a day, which she pays for through the Local Authority, and I also go down and see her every day and get her shopping, do her washing, make sure her house is warm etc. A few months prior to her diagnosis, I was advised to sort out Power of Attorney for my mum, so in the event that something happens, it will make things a lot easier to deal with. So I have Power of Attorney for my mum for Property & Finance and Health & Welfare. But as her condition slowly progress's, I am becoming more and more aware that the day may come that she has to go into care. I want to try and avoid this at all cost's, as I promised my dad only a few hours before he died that I would always look after my mum. Her carers have said that compared to other people they see who have Dementia, my mum is no where near the stage of going into a care home. They have said that they are there to actively promote independence in the home, and they specialise in Dementia care at home. My mum doesn't have a lot in savings and she doesn't get much in benefits. She gets her normal old age pension, she gets a payment from my dads works pension which is paid into her bank every month (but this isn't mega bucks its £150 per month), she gets AA which is paid into her bank every month, and she gets a little bit of Pension Credit and thats it. She also doesn't have to pay Council Tax because she has Dementia. Out of this money she has to pay for her care, pay for her meals on wheels, pay for coal for her fire, phone bill, electricity bill and grocery shopping. My mum & dad's house doesn't have central heating, in fact there isn't even a gas line to the house. This is because my dad was very old fashioned in his ways, and he hated gas with a passion, and because he was brought up with a coal fire (his dad was a chimney sweep) thats why there is only a coal fire. My mums house has had safety check by the fire service and everything was ok. I have tried to get central heating installed for my mum, and even though she would be entitled to a grant for the central heating system itself, because there is no gas pipe to the property and this would involve digging up her driveway etc, she would have to pay in full or contribute towards the cost of this, and this is thousands of pounds which my mum just doesn't have, so hence the reason why she doesn't have central heating. I know that IF the day comes when my mum has to go into a care home, her house would have to be sold to pay for her care, as this is her only asset/capital. So what I would like to know is.....can I buy my mums house? The reason I want to do this is, that house has a lot of special memories for me, my dad loved that house and my mum too, so I need to ensure that what ever happens, I don't lose the house. What I would like to do is, get the house valued as it stands as a cash sale by an independent valuer. It badly needs updating and the decor is old fashioned (and as ive already said, there isn't even gas to the house) then go to a solicitor and buy the house with any money I receive from the Civil Claim, transfer this money into my mum's bank account and then use this to pay for her care. So at the end of the day, I still have ownership of the house, so it is an investment for myself and more importantly my son's future. Its a lovely little house in a really nice area, and it simply breaks my heart to think that that could be taken away. So please please can anyone tell me if I am allowed/ok to do this. I'm not trying to get my mum out of paying for care home fees, because this would be done with the money from the sale of the house, its just that I want to keep the house for myself and my son (as my mum & dad want me to) so if anyone can tell me if I can do this, I would be very grateful, as it is causing me a lot of distress
In Aug 2013 I was made redundant from my job as a Civil Servant. Then only a few months later on the 12th April 2014 my husband of 14yrs, was killed whilst riding his motorcycle. A car driver turned across his path causing him to fall from his motorbike, and sadly he was killed instantly. This also happened on my birthday. As a result the driver was prosecuted and since then there has been a lengthy Civil Claim going on. My late husband and I have a son together who was only 12yrs old at the time he lost his dad. Then on the 7th Dec 2014 my dad passed away, so in the space of only 8 months, I lost the 2 most important men in my life. My mum & dad both made wills, and after my dad's death, everything went to my mum, and then in turn when my mum is no longer with me, everything will come to me as I am an only child. Unfortunately on the 2nd June 2016 my mum was diagnosed with Dementia. I had suspected that she may have something like this because approx 6months before my dad passed away, she was getting more and more forgetful about things, and confused. So I made the appointment for her, tests were done and then she was diagnosed. She takes medication for her condition which doesn't stop it, apparently it just slows it down. Since my mums diagnosis, she has got slightly worse. She talks a lot about her own mum & dad as if they are still with us, and she seems to have forgotten being married to my dad at all, on a few occasions she has even thought that I was her cousin, and has spoke to me as though I am not her daughter. She has carers coming in 3 times a day, which she pays for through the Local Authority, and I also go down and see her every day and get her shopping, do her washing, make sure her house is warm etc. A few months prior to her diagnosis, I was advised to sort out Power of Attorney for my mum, so in the event that something happens, it will make things a lot easier to deal with. So I have Power of Attorney for my mum for Property & Finance and Health & Welfare. But as her condition slowly progress's, I am becoming more and more aware that the day may come that she has to go into care. I want to try and avoid this at all cost's, as I promised my dad only a few hours before he died that I would always look after my mum. Her carers have said that compared to other people they see who have Dementia, my mum is no where near the stage of going into a care home. They have said that they are there to actively promote independence in the home, and they specialise in Dementia care at home. My mum doesn't have a lot in savings and she doesn't get much in benefits. She gets her normal old age pension, she gets a payment from my dads works pension which is paid into her bank every month (but this isn't mega bucks its £150 per month), she gets AA which is paid into her bank every month, and she gets a little bit of Pension Credit and thats it. She also doesn't have to pay Council Tax because she has Dementia. Out of this money she has to pay for her care, pay for her meals on wheels, pay for coal for her fire, phone bill, electricity bill and grocery shopping. My mum & dad's house doesn't have central heating, in fact there isn't even a gas line to the house. This is because my dad was very old fashioned in his ways, and he hated gas with a passion, and because he was brought up with a coal fire (his dad was a chimney sweep) thats why there is only a coal fire. My mums house has had safety check by the fire service and everything was ok. I have tried to get central heating installed for my mum, and even though she would be entitled to a grant for the central heating system itself, because there is no gas pipe to the property and this would involve digging up her driveway etc, she would have to pay in full or contribute towards the cost of this, and this is thousands of pounds which my mum just doesn't have, so hence the reason why she doesn't have central heating. I know that IF the day comes when my mum has to go into a care home, her house would have to be sold to pay for her care, as this is her only asset/capital. So what I would like to know is.....can I buy my mums house? The reason I want to do this is, that house has a lot of special memories for me, my dad loved that house and my mum too, so I need to ensure that what ever happens, I don't lose the house. What I would like to do is, get the house valued as it stands as a cash sale by an independent valuer. It badly needs updating and the decor is old fashioned (and as ive already said, there isn't even gas to the house) then go to a solicitor and buy the house with any money I receive from the Civil Claim, transfer this money into my mum's bank account and then use this to pay for her care. So at the end of the day, I still have ownership of the house, so it is an investment for myself and more importantly my son's future. Its a lovely little house in a really nice area, and it simply breaks my heart to think that that could be taken away. So please please can anyone tell me if I am allowed/ok to do this. I'm not trying to get my mum out of paying for care home fees, because this would be done with the money from the sale of the house, its just that I want to keep the house for myself and my son (as my mum & dad want me to) so if anyone can tell me if I can do this, I would be very grateful, as it is causing me a lot of distress
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Comments
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The pertinent points from that wall of text appear to be:
1) Your mum has dementia and as someone with assets (some savings and a mortgage free home) she will have to fund her own care.
2) You are your mother's POA.
3) You wish to buy your mother's house so that the council don't sell it to fund her care and use the proceeds from the sale instead.
As POA you (legally) have to act in your mother's best interests. So if you buy the property you will have to pay the full market value for the property. A RICS surveyor should be used to determine the value. Then your mother's care can be paid for from the proceeds of the sale.0 -
You mention Mum's in receipt of Pensign Credit. You don't say if she has an indefinite assessed income period (google it) or how old she is. It might be worthwhile posting on the Benefits section, but I'd suggest a very much more abridged version, with paragraphs. I 'm no expert.0
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The council don't sell houses to pay for care, they will ask you to pay your mums care costs using the POA that you hold.
So if you want to buy the house from her that will be fine as long as she gets fair price for it
Can you afford to buy her house?0 -
jack_tyler wrote: »Hello everyone. I really need some help. I want to know if I am allowed to buy my mums house, il try and explain more below:-
In Aug 2013 I was made redundant from my job as a Civil Servant. Then only a few months later on the 12th April 2014 my husband of 14yrs, was killed whilst riding his motorcycle. A car driver turned across his path causing him to fall from his motorbike, and sadly he was killed instantly. This also happened on my birthday. As a result the driver was prosecuted and since then there has been a lengthy Civil Claim going on.
My late husband and I have a son together who was only 12yrs old at the time he lost his dad. Then on the 7th Dec 2014 my dad passed away, so in the space of only 8 months, I lost the 2 most important men in my life.
My mum & dad both made wills, and after my dad's death, everything went to my mum, and then in turn when my mum is no longer with me, everything will come to me as I am an only child. Unfortunately on the 2nd June 2016 my mum was diagnosed with Dementia. I had suspected that she may have something like this because approx 6months before my dad passed away, she was getting more and more forgetful about things, and confused. So I made the appointment for her, tests were done and then she was diagnosed. She takes medication for her condition which doesn't stop it, apparently it just slows it down.
Since my mums diagnosis, she has got slightly worse. She talks a lot about her own mum & dad as if they are still with us, and she seems to have forgotten being married to my dad at all, on a few occasions she has even thought that I was her cousin, and has spoke to me as though I am not her daughter. She has carers coming in 3 times a day, which she pays for through the Local Authority, and I also go down and see her every day and get her shopping, do her washing, make sure her house is warm etc.
A few months prior to her diagnosis, I was advised to sort out Power of Attorney for my mum, so in the event that something happens, it will make things a lot easier to deal with. So I have Power of Attorney for my mum for Property & Finance and Health & Welfare. But as her condition slowly progress's, I am becoming more and more aware that the day may come that she has to go into care. I want to try and avoid this at all cost's, as I promised my dad only a few hours before he died that I would always look after my mum. Her carers have said that compared to other people they see who have Dementia, my mum is no where near the stage of going into a care home. They have said that they are there to actively promote independence in the home, and they specialise in Dementia care at home.
My mum doesn't have a lot in savings and she doesn't get much in benefits. She gets her normal old age pension, she gets a payment from my dads works pension which is paid into her bank every month (but this isn't mega bucks its £150 per month), she gets AA which is paid into her bank every month, and she gets a little bit of Pension Credit and thats it. She also doesn't have to pay Council Tax because she has Dementia. Out of this money she has to pay for her care, pay for her meals on wheels, pay for coal for her fire, phone bill, electricity bill and grocery shopping.
My mum & dad's house doesn't have central heating, in fact there isn't even a gas line to the house. This is because my dad was very old fashioned in his ways, and he hated gas with a passion, and because he was brought up with a coal fire (his dad was a chimney sweep) thats why there is only a coal fire. My mums house has had safety check by the fire service and everything was ok. I have tried to get central heating installed for my mum, and even though she would be entitled to a grant for the central heating system itself, because there is no gas pipe to the property and this would involve digging up her driveway etc, she would have to pay in full or contribute towards the cost of this, and this is thousands of pounds which my mum just doesn't have, so hence the reason why she doesn't have central heating.
I know that IF the day comes when my mum has to go into a care home, her house would have to be sold to pay for her care, as this is her only asset/capital. So what I would like to know is.....can I buy my mums house? The reason I want to do this is, that house has a lot of special memories for me, my dad loved that house and my mum too, so I need to ensure that what ever happens, I don't lose the house. What I would like to do is, get the house valued as it stands as a cash sale by an independent valuer. It badly needs updating and the decor is old fashioned (and as ive already said, there isn't even gas to the house) then go to a solicitor and buy the house with any money I receive from the Civil Claim, transfer this money into my mum's bank account and then use this to pay for her care. So at the end of the day, I still have ownership of the house, so it is an investment for myself and more importantly my son's future. Its a lovely little house in a really nice area, and it simply breaks my heart to think that that could be taken away.
So please please can anyone tell me if I am allowed/ok to do this. I'm not trying to get my mum out of paying for care home fees, because this would be done with the money from the sale of the house, its just that I want to keep the house for myself and my son (as my mum & dad want me to) so if anyone can tell me if I can do this, I would be very grateful, as it is causing me a lot of distress
Can I suggest you click "edit post" button on your initial post and paragraph it a bit like I've done? Some people who might be able to help will be put off by the block of text.There is no honour to be had in not knowing a thing that can be known - Danny Baker0 -
You will need to get a valuation from RICS qualified surveyor and pay your mother full market value for the house.
Check on any effect this may have on her Pension Credit.
You will then become your mother's landlord?
http://england.shelter.org.uk/get_advice/private_renting/about_private_renting/landlords_responsibilities
Your mother could pay you a market rent which would help you to pay for necessary improvements?
Will you need assistance in deciding how to save/invest the proceeds of sale for your mother's benefit?
http://societyoflaterlifeadvisers.co.uk/0 -
You will need to get a valuation from RICS qualified surveyor and pay your mother full market value for the house.
Check on any effect this may have on her Pension Credit.
You will then become your mother's landlord?
http://england.shelter.org.uk/get_advice/private_renting/about_private_renting/landlords_responsibilities
Your mother could pay you a market rent which would help you to pay for necessary improvements?
Will you need assistance in deciding how to save/invest the proceeds of sale for your mother's benefit?
http://societyoflaterlifeadvisers.co.uk/
Hi, anything you do as power of attorney needs to be in your mothers best interests.
I would question whether it is in your mother's best interests to sell you the house if you are then going to charge her rent.
I think there is a clear conflict of interests in your roles of acting in your mothers best interests as power of attorney and you wanting to buy her house.
If buying your mums house becomes a possibility (I.e. the money comes through) I think your mum needs an independent representative to advocate for her best interests. Ask her social worker if they could perform this role or recommend an organisation. If someone has concerns a person's power of attorney is being abused they can report their concerns (the court of protection I think)
If you want what is in your mums best interests (when the time comes) report your conflict of interest and ask for independent scrutiny.
Good luck
Tlc0 -
Thanks everyone for the replies. I know how much I will receive from the civil claim that is going on. It will be coming to a close very soon. I don't really want to say how much I will receive but it will be more than enough to buy my mums house. As for charging her rent and being her landlord, that is not my intention. I only want to buy the house if and when she has gone into a care home. If she is able to stay in her house for the rest of her days, that would be fantastic, but as her condition progress's I don't think this would be possible. I intend to pay the full market value for the house, and this money will be used to fund my mother's care. I just didn't know if I (being her daughter) would be allowed to buy her house, by this I mean, I didn't know if the house would have to be sold to someone who is not related to my mum.
If there is nothing to say that I can't buy my mum's house, then that is what I will do. As POA for my mum, this would be in her best interest's, as I would be carrying out her wishes and that of my late father's, in that I would protect the house if anything should happen to my mum.0 -
It might not be your intention, but you WILL be her landlord - with all the legal responsibilities that go with it - if you own the house she lives in. Whether you charge her rent or not is irrelevant to that.jack_tyler wrote: »As for charging her rent and being her landlord, that is not my intention.
But, obviously, if she doesn't live there, that's not a problem. If you buy it once she no longer lives there, then I presume you'll be living there yourself? So a normal residential mortgage, then, until you can repay from your claim. IF you win the claim... If that was agreed, it'd have been paid already, right?0 -
i know this is all about the property, but just to add, your mother can access 6-8 weeks of respite per year at a residential care home and will pay the same as she does for her home care package. The house isn't taken into consideration. Just to highlight if you need a break as carer.
Also, if she needed immediate perm. Residential care (if things rapidly got worse) the council can fund the fees of placement, and place a charge on the property until it's sold. They get their money, you (fingers crossed) get your house and your mum gets the appropriate care. Council's call it 'deferred payments'.
Good luck.0
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