Declaration of trust 15 January at 7:28PM edited 30 November -1 at 12:00AM in House Buying, Renting & Selling 7 replies 310 views

Dallad

Hi
My mum has vascular dementia and owns her property with her sister as “Tenants in Common “. Her sister now wants us to put mum into a care home and is refusing to allow care workers into “Her” home, we do not feel mum needs this and the social worker agrees.
I have LPOA for mum and asked her solicitor for information regarding if a declaration of trust was made when the property was transferred from mums name into joint ownership but they will not give me this because I only have LPOA for mum and not her sister.
I have searched on the land registry but no information for the property is available.
Any help please?

G_M

Dallad wrote: »

.
I have searched on the land registry but no information for the property is available.
Any help please?

Do you know (aprox) how long ago the property was bought, or the ownership changed?

It would have to be 30+ odd years ago for it to pre-date compulsory registration. Are you sure you are searching correctly?

On the access issue I'd have thought that if she is a joint owner, she can invite whoever she wants into her home. eg care workers.

And if you hold LPOA, the surely you can invite whoever you want into her home on her behalf. eg care workers.

Do you have keys?

But if she has dementia, someone needs to be caring for her, whether sister (sounds like not!); care workers/social workers; you; or..... care home.

-taff

Dallad wrote: »

Hi
My mum has vascular dementia and owns her property with her sister as “Tenants in Common “. Her sister now wants us to put mum into a care home and is refusing to allow care workers into “Her” home, we do not feel mum needs this and the social worker agrees.

Is your mum allowing people in? Is she being adequately cared for? Are you expecting your aunt to care for her? Have you been there when they were refused entry?

xylophone

I have LPOA for mum and asked her solicitor for information regarding if a declaration of trust was made when the property was transferred from mums name into joint ownership but they will not give me this because I only have LPOA for mum and not her sister.

But as PoA, you have the right to know about your mother's assets - her interest in the house is one such.

You might try a complaint to the Law Society if you get nowhere with the solicitor.

How did it happen that your mother and her sister own the property as tenants in common? Did they inherit it or did your aunt buy an interest or did your mother gift it? And when was this?

is refusing to allow care workers into “Her” home, we do not feel mum needs this and the social worker agrees.

This is also your mother's home and she (or you on your behalf) has the right to invite whomsoever she wishes into her property.

If your aunt is acting in this way it might amount to abuse of a vulnerable adult - you should check this with the social worker.

https://www.nhs.uk/conditions/social-care-and-support-guide/help-from-social-services-and-charities/abuse-and-neglect-vulnerable-adults/

Is there any question mark over your aunt's mental health?

diggingdude

FYI there is no such thing as a vulnerable adult anymore, it is adult at risk of harm under the Care Act 2014 and I agree Safeguarding duties probably apply here (written as a children's social worker so please don't ask me about adult provision) Get onto that social worker

Dallad

mum Owned the house and when dad died my aunt moved in and they decided to live together they had a valuation on the property and my aunt bought her share off mum in 1989.

G_M

Dallad wrote: »

..... my aunt bought her share off mum in 1989.

Where in the country?

See the listin section 8 of this link for the dates.....

https://www.gov.uk/government/publications/first-registrations/practice-guide-1-first-registrations

getmore4less

Mental health act code of conduct applies to LPA and others.