Sister has mum's house

[user1487194234]

Mum has dementia
It has come to light that about 1 year ago she transferred her house to my sister

There is absolutely no way mum had capacity to do that
Mum's husband died recently and mum has to go into residential care
The social worker phoned me to go over some details and she asked me if my mum owned any property and I said yes
My sister had said no when she filled in the form
The social worker has referred it to the legal department
What is likely to happen

@RandomMess

Absolutely do not lay the fees.

The council will sort it and they will take measures against your sister if the deem it appropriate.

Your Mum's house could be rented out to pay for your Mums care?

Unless it's Buckingham Palace, there's no way rent will cover dementia care.

Is sister husbands child and you are not? Was husband's share transferred to sister on death? Did mum actually have a legal interest in the house? Did your mum have diagnosed dementia a year ago. It's not all as simple as some posters are making out. In my view not necessarily deprivation if mum was well and had capacity at time of transfer. Also, not necessarily deprivation if mum has other assets and won't need to draw on local authority funding (but could be some form of contestable coercion if no capacity - but dementia patients can be very variable and can have clear understanding and capacity about some topics whilst no capacity about others). Capacity is judged on the day by the way.

@RandomMess

I thought the rules had changed and the medical needs are covered by NHS and only care needs by the patient - therefore only liable for part not full weekly care home fees?

Only if the person qualifies for CHC funding, for which they need to meet a very strict criteria.

When did she apply for guardianship and how does that correspond with the house being transferred into her name?

If the guardianship application was prior to or around the time of the transfer than that surely shows that your mum didn’t have capacity to transfer the house?

Sounds like your sister trying to put one over on you. If anything is left after sundry fees etc... the assets should be divided 50/50 unless she specifically made a will leaving it all to sister. It's either depriving the state of assets or you of assets. Either way it's fraud.

@Associatepeggy

If the sister was simply trying to protect the money, she would have involved op.

Transferring the house a year ago and not saying any at all to the OP is seriously shady.

Sorry mixed up threads-no money involved, just the house.

There are 2 issues

Did the sister do this when DM lacked capacity- if yes its fraud and DOA

If DM had capacity its still DOA as it would be deemed the transfer was to avoid paying care home fees.