Buying a property for my retired mother with dementia

Pollycat

Fermion said:

We don't know the full circumstances here - it's possible that the current rental property is not suitable in it's current state or that Local Authority occupational therapeutics have recommended equipment or changes to the property layout which can't be done as it's a rental. 

We do know that the OP thinks that it may make their Mum's condition worse to move her and therefore might be better to leave her in the rented house she's been living in and is used to - a big plus for people with dementia.
I doubt they'd consider that if the house wasn't suitable or needed equipment or layout changes.

Fermion said:

Hopefully the advice will have come from multiple sources.

The OP said 

 a financial adviser

Not plural.
 

MacPingu1986

Fermion said:

We don't know the full circumstances here - it's possible that the current rental property is not suitable in it's current state or that Local Authority occupational therapeutics have recommended equipment or changes to the property layout which can't be done as it's a rental. Hopefully the advice will have come from multiple sources.

The OP hasn't mentioned *anywhere* that the current property isn't suitable, nor is there *any* mention of the Local Authority recommending major works to the property.

If either of those were relevant to this situation the OP would have mentioned them. They didn't. What is clear from the original post is the driving reason behind the proposed purchase is to (attempt to) avoid paying for potential future care fees.

GrubbyGirl_2

As others have said you cannot buy a property with the intention of preserving your brothers (and ? your) inheritance.  Please be very very careful as to what you do.  The money is your mothers and should only be used to care for her.  As your mother has dementia it would be considered as deprivation of assets so Social Services would take the value of any property in yours or your brothers name and they will refer you to the Office of the Public Guardian and you may face criminal charges.  I worked with someone who held LPA and who misappropriated £50k of his mothers money and he ended up with a 12 months suspended prison sentence.  Worse than that he lost his job as a nurse and was removed from the NMC register.  

[Deleted User]

Thank you so much for all of your comments and suggestions. Due to the complex nature of the issue I have struggled to find the right legal advice, hence writing on this forum. If you have any suggestions on where to seek legal help I would be grateful.

Pollycat

[Deleted User] said:

Thank you so much for all of your comments and suggestions. Due to the complex nature of the issue I have struggled to find the right legal advice, hence writing on this forum. If you have any suggestions on where to seek legal help I would be grateful.

Have you read the links provided on this thread about deprivation of assets?
Do you still think the advice given to you by this financial advisor is good?
Do you still want to go down this route of buying a property for your Mum using your powers as an attorney?
It would be helpful if you explain what sort of legal help you are seeking.

GrubbyGirl_2

[Deleted User] said:

Thank you so much for all of your comments and suggestions. Due to the complex nature of the issue I have struggled to find the right legal advice, hence writing on this forum. If you have any suggestions on where to seek legal help I would be grateful.

Have you actually spoken to solicitors?  High street solicitors are unlikely to be familiar with this so probably better going to the big healthcare specialists.  I don't think I am allowed to recommend on here but you can message me

LHW99

And if you do want to consult a different independent financial adviser, look for one that is a member of SOLLA as they should be aware of at least some issues

https://societyoflaterlifeadvisers.co.uk/

Marcon

[Deleted User] said:

Thank you so much for all of your comments and suggestions. Due to the complex nature of the issue I have struggled to find the right legal advice, hence writing on this forum. If you have any suggestions on where to seek legal help I would be grateful.

I'm sure it feels complex - these things always do - but I'm not sure the basic advice you need is that complicated i.e. what you can and can't do using PoA for your mother. Any competent solicitor should be able to assist by giving general guidance, but https://societyoflaterlifeadvisers.co.uk/ and/or https://www.step.org/about-step/public have specialist qualifications in the relevant area(s) and should be more than capable of helping. Both organisations have professional practitioners - not just lawyers - who specialise in all matters relating to later life/estate planning.

I'd also go back to your financial adviser and ask them to confirm how their recommendation that buying a house using your mother's money squares with your duties as PoA, when the prime intention is giving your brother somewhere to live/avoiding care home fees if your mother needs to go into a care home. And yes, I would phrase the question to the financial adviser as bluntly as that. If they're hopelessly wrong (and on the basis of what you've posted here, it seems unlikely their advice will hold good), they need to wake up; if on the other hand they have a viable plan and can spell out exactly why the legal position allows you to do something which appears unlikely in the extreme...

Either way, you need to be crystal clear about your attorney responsibilities. 

xylophone

It would appear that  for the time being at least, the OP's mother can be adequately cared for in the existing rented accommodation and that she is happy there.

Should it become the case that she needed better facilities in order to remain at home and looked after by her son/carers,  then presumably the OP could make a strong case for the inheritance to be used to purchase (eg) a bungalow which could be adapted for her  mother's needs.

The property would still need to be in the sole name and beneficial ownership of her mother (unless the brother were in a position to use his own resources to contribute to the purchase), in which case a TIC arrangement could be a possibility.