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

If he still has capacity then LPOA needs to be applied for as quickly as possible.

@MissLucyEyelesbarrow

I disagree.
Time with a solicitor is expensive And pressure.

I'm just trying to cast the net here to see what's thrown up....as I've done many many times before.

In fact it's Mumsnet that armed me with so much information before a solicitor meeting over something for me...I was able to tell the solicitor was doing an absolute number on me and I sacked them.

We are all big girls on here And I am certainly
So thanks for your comments I'm sure they mean well but they are not helpful

This is very obviously deprivation of assets - I can't think of a clearer case. Solicitor will tell your friend as much.

And before anyone gets their dander up, my parent already had £30k+ of a pension taken for care, they were t getting the house they’d spent their life working for too

@bellac11

Not everyone with dementia goes into care.

No but avoidance of care costs is the main reason people do this, and the LA objecting is a big risk of doing it.

[quote Tigersonvaseline]@MissLucyEyelesbarrow

I disagree.
Time with a solicitor is expensive And pressure.

I'm just trying to cast the net here to see what's thrown up....as I've done many many times before.

In fact it's Mumsnet that armed me with so much information before a solicitor meeting over something for me...I was able to tell the solicitor was doing an absolute number on me and I sacked them.

We are all big girls on here And I am certainly
So thanks for your comments I'm sure they mean well but they are not helpful[/quote]
I thought you said your OP was about a friend?

I’ve just seen that the mother is still alive and in the house, if that’s the case the house won’t be touched, it will be income only

As others have said it is too late for LPAs. As mum is still alive and they are joint tenants then he would need to have capacity to severe that tenancy and then also give his half to the children. He does not so it can’t happen at this point.

The family can apply to be guardians rather than LPA. This involved the court of protection and it would be very hard to get the transfer of the house agreed under this process

everyone else has already covered the deprivation of capital/ assets aspect

if there is a spouse still living in the property then the property wouldn't be taken into account financially anyway so there is no need for anyone to be signing anything over to anyone.

tell her not to waste her money on the solicitors fees

@RainingYetAgain

Thanks.

They're already going through an awful times And now this.

She's got no money to make repairs but I guess they could pay her rent!

I know no worthy solicitor would ever say he has capacity if he doesn't.

Right now I think they would say he does.

Enough has happened for them to get him to a memory clinics but... it's only what happened today that has shocked them.

Usually he's fine. So if they moved asap they could I'm sure get legal stuff done.

I wonder is there any great charity easy to get hold of who could help then?

Just read that her mother is still alive. I hope she is taking her mother to the solicitor with her.
As PP have said, if he can't remember his name or where he is, it might be too late for a LPA or a transfer of ownership.

Citizens advice were very helpful to my parents after my mother was diagnosed with dementia.

Miss Lucy? Yes!! My friend??
My phone is really hard to type on . I've got a sobbing broken hearted friend pouring her heart out to me. I can't expend the energy to respond again sorry.

Sandals

I'm not sure how the house is owned.

Raining yes they are all going together.

What's concerning me is my friend already bears the brunt of family issue's And they are notoriously absolutely ditsy When it comes to these things.

I just want too help make sure they get the most out of this appointment And she's malware of all options open to her.

Mum is mentally sound but over 80

Does she have power of attorney?

@JudgeRindersMinder

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

What the heck is a life rent trust? Glad it worked out for your family but there are lots of cowboys out there setting up trusts with fancy names that aren't worth the paper they are written on. They often charge more than solicitors.

For serious issues like this, instruct a solicitor and pay for proper reliable advice. It might be expensive but surely it's worth it.

Would suggest your friend also contacts adult social services following the likely diagnosis. GP can write letter and signpost to correct department if she asks. Particularly if mum is unable to cope.

You don’t necessarily need to see a solicitor to make an LPA but as there is a sibling who may object it’s probably a good idea. Just because your friends parent can’t remember his name today doesn’t mean he lacks capacity, there are 4 parts to assessing capacity none of which are remembering your name. Has he been checked for a uti or other infection if it’s a sudden change?

@MrsSiba

• What the heck is a life rent trust? Glad it worked out for your family but there are lots of cowboys out there setting up trusts with fancy names that aren't worth the paper they are written on. They often charge more than solicitors.

For serious issues like this, instruct a solicitor and pay for proper reliable advice. It might be expensive but surely it's worth it*

That would be PRECISELY WHY I SAID TO SPEAK TO A SOLICITOR

She's talking to one but I'm trying to find out information for her.

Bramble he's very lucid and normal in himself he goes for a walk every Day I'm sure he'd notice water issues himself

@Tigersonvaseline

Bramble he's very lucid and normal in himself he goes for a walk every Day I'm sure he'd notice water issues himself

That’s not necessarily true….It’s how these things develops into sepsis without being treated

But bramble wouldn't he feel an infestation feel pain? Have symptoms?

@Bramblesr

You don’t necessarily need to see a solicitor to make an LPA but as there is a sibling who may object it’s probably a good idea. Just because your friends parent can’t remember his name today doesn’t mean he lacks capacity, there are 4 parts to assessing capacity none of which are remembering your name. Has he been checked for a uti or other infection if it’s a sudden change?

To have capacity, you must be able to weigh up the consequences of a decision. Do you think it's likely that someone who can no longer remember his own name is going to meet that test?

You're right that the loss of capacity might be temporary - and this is something the memory clinic should explore. But, while he is confused about something so basic as his name, there is no way that he will have capacity to appoint a LPA.

His lack of capacity will be on record, via the referral to memory clinic, so the family would be very ill- advised to try to obtain an LPA anyway (unless his capacity returns) as it is a criminal offence, which can land you in prison for 5 years.