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Can I do this (legal issues) joint house purchase under power of attorney?

29 replies

powerovereternity · 11/07/2018 16:01

I've also posted this in the Elderly Parents section but realised that maybe I'm hoping for more of a legal procedure/possible consequences type of response.

Stuck on the horns of a practical/ethical/financial/emotional dilemma about how best to cope with mother's future care arrangements.

I have Power of Attorney for everything - registered with Office of Public Guardian.

I've been caring for her for about 7 years since she started getting less able.

She's 91, lives alone in bungalow, diagnosed with vascular dementia, mobile-ish with frame in house or pushed in wheelchair outdoors, losing weight, fairly bonkers but sharp enough at times, can be incontinent but washes out her pants and thinks I don't know - very secretive - entirely in denial about dementia/old age/frailty. Bit narcissistic, not much by way of conversation unless it's about her/her sisters/the past.

She would probably refuse other carers so I'm her only carer (no siblings), I live nearby and able to see her twice a day spending probably half an hour in the morning and 2 hours in the evening, feeding her and doing her housework.

She's financially independent and does quite well for pensions - a saver not a spender - as her care costs are nothing.

I feel (as does her GP) that her time of living entirely alone is probably coming to an end soon.

A house locally has come up for sale with a self-contained annexe.

I can't afford to buy it but she could if I sold her house and used most of her savings - about £400k all in.

I would want it to be in joint names - 50/50 possibly.

I have some money but nowhere near enough to buy half and it's all I've got to keep me until the end of my days. I won't be able to work and look after her soon.

If we buy this house, I would be her full-time carer.

I suppose the bottom line is - I'm going to be looking after her until either she dies or I have no choice but to put her in a care home.

I'm the beneficiary of her estate.

Local care homes cost about £1000 per week. She's obviously got the money but she's always been adamant about not wanting to go in a home - aren't we all though?

I know she would prefer the annexe arrangement.

I would consider it if I can own it 50/50 because it secures some inheritance/security/future for me.

Otherwise, I could find she goes into a care home anyway in a few years, she lives to a hundred and ten, the house has to be sold all the money's gone along with most of the rest of my life.

It's quite possible she could outlive me.

Whereas if I go with the care home option now, I might inherit nothing, but I have my own life immediately.

Are there any legal hurdles to me, as her attorney, buy a house with her 50/50 without actually having the 50%?

I understand there are moral issues with this and I am mindful of those.

OP posts:
RandomMess · 12/07/2018 20:20

@notliable Collaborate has given her boba fide legal advice FOC...

Collaborate · 13/07/2018 00:01

I strongly suspect that legal advice that stops OP stealing from her mother, and serving a likely term of imprisonment, is the best advice she's received all year. Forgive me for injecting a note of morality in to my third post on this thread, but OP didn't seem to think there was anything wrong in her diminishing the value of her mother's estate while sworn to act in her best interests.

And I'm struggling to see where, in a very long post, notliable has come up with any suggestion other than move in and have to sell the home to meet mother's care home fees.
OP - take some advice from a solicitor who specialises in this area. There might be things you can do, but you're going to have to make an investment to find out. You say you have savings. Perhaps you could buy a proportion of the property (say, the value of the annexe) provided you have enough saved to pay for that), but you'll never be a dependent relative living with her so as to prevent sale of the property unless you're under 18 or over 60.

Jonbb · 13/07/2018 00:19

I find it very surprising that when posters are given legal advice, if it isn't what they want to hear, they get shot down in flames. Collaborate has given sound legal advice, and the legal position won't change irrespective of how much people don't want to hear it.

MidniteScribbler · 13/07/2018 03:09

OP, I don't have any legal advice for you, as I'm not in the UK and the situation is very different where I am, but just want to wish you good luck, and that I don't think you are doing the wrong thing by trying to plan the best future for yourself and your mother.

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