Parent with dementia ( possible) can the house be transferred onto child's name

[Tigersonvaseline]

This isn't me it's a friend.

Her dad's getting assessment at memory clinics etc And today forgot his name and where he was.
Friend Said she's visiting solicitor this week to see if the house can be put into her name.

I'm sure on here

I could be wrong but won’t it be seen as deprivation of assets if he needs care in the next 7 years?

I've read about pitfall of this?

Depreciation of asset's?

I thought sometimes people change the type of ownership of the house? So they own a part each?

Also I guess they need to sort out power of attorney?

One of the siblings is incredibly ruthless so is there anything they can do to protect themselves from him?

Hi, it would depend on wether he is deemed to still have capacity or not.

Also tax implications for her? If she already owns property?

I think he would right now this week.

Deprivation not depreciation.

It’s a fraudulent move and the local authorities are all wise to it.

I'm sure you want to help, in what sounds like a sad situation but, honestly, what's the point of asking randoms on MN, when your friend has already booked to see a solicitor? Most legal advice on MN is complete horseshit.

Also is a deprivation of assets if he's going into care. It may be too late for power of attorney and guardianship may be needed instead. I would say they go for joint guardianship then that way they both have a say.

Why?

Sounds more like she needs lasting power of attorney for finance, and perhaps health.

It’s deprivation of assets because they are deliberately reducing or removing assets to avoid him paying for his care.

If he's at the stage of forgetting his name he won't have capacity to appoint powers of attorney or sign over houses. Plus anything within 7 years is considered under deprivation of assets

Today has been a big leap.he has not Said or done anything this bad yet.

@Elsiebear90

I could be wrong but won’t it be seen as deprivation of assets if he needs care in the next 7 years?

Seven years is inheritance tax.

Deprivation of assets is a different thing and goes on longer I think.

Would be classed as deprivation of assets and the council could come after your friend ages after to recover any care home costs.

His wife her mum is still alive.

I don't know how they own the house?
Joints tenants I think is where whole property is owned by both.

Tenant in common is where each party own half, Which is safer because her mum can't then be turned out?

I've mentioned power of attorney, I didn't know it's called lasting power of attorney.

Is there anything else I she needs to think about.

The situation is complicated by a sibling

@PermanentTemporary

Why?

Sounds more like she needs lasting power of attorney for finance, and perhaps health.

You can't acquire LPA if the person has already lost capacity. If the father can't remember his name, he's not going to have the capacity to appoint someone to have LPA.

This is what I mean about the quality of advice on here. It's a highly specialised area - you aren't going to get reliable advice from a bunch of randoms.

Not everyone with dementia goes into care.

And she would also have tax implications having two properties?

www.moneyhelper.org.uk/en/family-and-care/long-term-care/if-the-person-you-want-to-help-has-lost-mental-capacity

Regardless of the deprivation of assets issues - (which is most certainly is!) he most likely does not have capacity to make the decision to transfer the house. Therefore the transfer shouldn’t happen and if it does the local authority will be all over it

Tax implications are the last of her worries. It would be extremely guided for her to get the property put into her own name. If she wishes to manage her father’s financial affairs, she will need to apply to become a Property & Affairs deputy via the Court of Protection. She will need to specifically request permission for anything she wants to do relating to his property.

Not sure what your question is?

Are you asking whether your friend’s dad has capacity to give his house away? (Answer - probably not)

Are you asking whether friend can take ownership of the house without capacity (no - that’s theft)

Are you asking if it’s right for friend to take ownership of the house (definitely not… it means you, I and other tax payers will be paying for her father’s care instead of using his assets to pay for it)

*misguided

It’s probably too late but they need to speak to a solicitor about a life rent trust.
It worked for my family despite the council trying to find a loophole

Lots of pitfalls here. She needs to tread carefully.
If he needs to go into care, then it could be argued a deprivation of assets. My mother's half of the family home was left directly to my brother and I when she died. Social Worker tried to claim deprivation of assets when he developed dementia and needed care. This was 4 years after she died, we had to involve dad's solicitor.
The ruthless sibling could claim that he was not competent to make the decision to transfer.
Not sure about the tax implications - but she will be liable for all maintenance and he would need to pay her a realisitc rent if she owns it outright, otherwise it is a gift with reservation. My brother and I paid for 50% of decoration costs, new boiler etc.
I wish her well, it is a horrible time.