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Can the Council Force to sell house to pay for Care Home?
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Age isn't relevant if the disregard is due to incapacity.
Thank you for clarifying that. In that case, I guess it comes down to the definition of 'vulnerable'. I see that the OP is already assessed as having 'limited capacity for work'.It's not difficult!
'Wander' - to walk or move in a leisurely manner.
'Wonder' - to feel curious.0 -
Limited capacity for work is not the same as being vulnerable.
The OP isn't going to get a definitive answer from anyone on here, need to seek professional advice.0 -
The definition is incapacitated, not vulnerable, and the information needed is in the links already provided.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
The other problem is, even if the house is disregarded, Mum could be placed by the Local Authority into somewhere you're not happy with, in terms of location and/or level of care.
In these circumstances, it may well be that the "best interests of mum" IS for the house to be sold and her assets used for better care.
Obviously this will clash with what's best FOR YOU, but that shouldn't be your consideration if dealing as PoA.How's it going, AKA, Nutwatch? - 12 month spends to date = 2.60% of current retirement "pot" (as at end May 2025)1 -
The answer is yes your local authority can force you to sell your mothers property - depending on her finances.
I know as I have had to do this for a very close relative of mineI am a Senior Ambassador on the Competitions Time Board and the Old Style MoneySaving Board.
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I thought this problem depends on how the house was purchased? If they are tenants in common on the deeds this can change things?
So opp what do the deeds say about this?0 -
"They"? The mother is the sole owner since the father's death, isn't she?knightstyle wrote: »I thought this problem depends on how the house was purchased? If they are tenants in common on the deeds this can change things?
So opp what do the deeds say about this?0 -
The OP hasn't answered the question if the house passed to mum in its entirety or not.
This could have been part of the planning at the time the wills were written.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
"They"? The mother is the sole owner since the father's death, isn't she?
If they bought the property as tenants in common in 1977 ( which is unlikely ) then the Dad can leave his half to who ever and the council cannot take his half. If it was joint tenants then the Mum will be sole owner.0 -
It is a complex problem that needs to start with the OP finding accommodation of their own. They are not going to be able to continue to live there when mum dies or the brother will not be able to get his inheritance. The first thing to do is for the OP to source either by buying of through the council appropriate accommodation on the basis that they are going to become homeless when mum goes into residential care.
When mum goes into residential care her money from the sale of her house can be used to fund her new housing arrangements. It is her money to be used for her benefit. She could have spent it all on cruises instead she is going to spend it on herself and getting good care.
When mum dies what is left will be divided between the OP and the brother.1
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