Can Sister buy mums house?

[Catchlock]

My mother had mixed Matter dementia. It's affecting her motor control and ability to remember how to do simple tasks. She still knows us and is able to make decisions on her life.

She has given up and wants to go into a home.

Sister has just taken a
Promotion but new wage only kicks in now.

She wants to buy mums house but really only can in about 6'months as that's when her higher earnings can be proven for a mortgage.

Can she buy mums house after she has gone into a home?

Thanks x

If your mum has capacity, which you say she does, then it's entirely up to her on who buys the house. Does your mum have the funds to pay for care or does she need to sell the house to cover it?

Your sister can't buy your mum's house without her permission.

If your Mum currently has capacity, have LPOAs been done? These should safeguard future decisions if her capacity diminishes. She could write a letter of wishes about selling house to your sister.

How will the care home be paid for? Is your sister going to pay market value and the money from her mortgage goes to your mum for care home fees?

I think as long as she doesn’t buy it for significantly under value it could work.

Agreed, while your mum has capacity have a POA done for both finances and medical decisions, it will make lots of things much easy for everyone in the future.

Also, make sure it is at the correct market rate. Get a RICs survey for the price and use that price. If you undervalue, or could have done, your mother may be deemed to have deliberately sold at a sub market value and SS will come calling for money as it could be a deliberate deprivation of assets.

Also make sure your mother has a different solicitor and that they are informed of the full circumstances.

We did all of this and still we were questioned.