Selling house to pay for care home

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Either she is the beneficial owner (as well as the legal owner) of the property or she isn't.

If she is, then as far as I can see, in one way or another (unless she qualifies for CHC funding), she will have to pay for her care if she goes into a home.

If the Local Authority's solicitor took Counsel's advice and the advice was that the property (while belonging both legally and beneficially to the mother) could not be sold in her lifetime, then I imagine that the council would register a first charge against the property.

In that case, on sale of the property, the first call on the proceeds would be an amount to cover the cost of the care home fees (down to the amount where she would have qualified for LA funded care) and possibly interest on that amount at a rate set by the council.