Selling my parent's home whist in care.

Stubod

Beatboy said:

My mother is currently in care and paying for it. A  deferred payment agreement on the property is currently in place but I am fighting to get her Continuous Healthcare Funding. I have power of atourney over her financial affairs. There are two beneficiaries in her will; myself and my neice ( my deseaced brother's daughter). I am not in a position to keep and maintain the house so I would like to sell it and put the money from the sale into a holding account until she passes. I need to hold on to the money in case I lose my case and have to cough up for the deferred payments. If I win the case and my mother receives NHS funding, am I in a position to give my niece her share of the house whilst my mother is still alive?

...in your original post I could only find one question (noted by the  the question mark), I answered this without any judgment, apologies if it is not what you wanted to hear but it is my understanding of the only question I could find....

frogglet

It looks like you should sell the house, and use the money, which belongs to her, to make the rest of her life as comfortable as possible.

Morglin

When my dad had to go into a nursing home, I sold his house (as LPA),:to pay for funding, as he wouldn’t have been entitled to any means testing funding, because he owned his house,:and I wasn’t sure about NHS funding. .

As it turned out, he got NHS continuing care funding, from the start,  so I just left the money from the house in decent savings accounts (well, as good as any of them are now!).  I didn’t touch the money or give it away, and the only time I spent anything was for things he needed.  I didn’t ever view it as MY money.

He died last May, and the executor is in the process of settling the estate, so then, and only then, will the money be “mine”.

The Court of Protection takes a dim view if you don’t treat that money/house as still belonging to the owner! 

greatcrested

Irrespective of any misunderstandings over what the OP asked, or meant to ask, or should have asked, there are only two issues, both of which have been answered here clearly, and unanimously (unusual - we often get interesting debates over what is/isn't legal, practical, sensible...!).

1) property can be sold but only if the Charge is either paid off and removed, or removed without being paid off eg if the claim for Contnuing Care suceeds

2) gifts cannot be made.