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Legal matters

Would we be entitled to anything from the sale of the house?

7 replies

mumnotmachine · 20/02/2013 23:15

Bit long sorry!

My dad moved into residential care last summer following diagnosis of dementia...I am currently awaiting power of attorney to complete sale of house to fund his care.
While I begrudge dad being made to sell while others are council funded, I accept its the way it is.
Dads still quite lucid and was being quite maudlin tonight about us (myself and brother) not having our "inheritance" and getting upset as he worked his whole life for the house.
Is there any sort of loophole or legal way that we could have something from the sale of the house, even if only a token amount?
Because of the dementia I have to have power of attorney, but it also means that as I will been controlling his money he cant "give" us a gift?

Any ideas?
Thanks in advance

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RedHelenB · 21/02/2013 09:38

I think he can have £20,000 in savings.

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frazzled1 · 21/02/2013 13:06

Is there any possibility of renting out your Dad's house rather than selling?

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fatnfrumpy · 21/02/2013 18:02

My SD went into a home with parkinsons and dementia.
He gave his two grown up children £100,000 each in the two years leading up to it. When he had more lucid moments. This was always in big cash amounts so non traceable.
When he went into the home his DD managed to get the district nurses to apply for continuous funding for him as he had two life threatning illnesses.
They even mamage to still get his state pension paid to him for over a year so look in to it further.

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mumnotmachine · 21/02/2013 20:09

He can have 22k in savings, the house needs too much work doing to it in order for it to be rented out, and the rental wouldnt be enough to cover the care home fees, have already looked into renting but its financially unviable, dad doesnt have enough savings to cover the cost of work needed doing.
He will still get his state pension anyway, thats his anyway because of it being contribution based, its not a means tested benefit

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Isityouorme · 23/02/2013 06:47

He can gift you £3,000 a year without tax implications. He could give you £3k now and £3k in the new financial year in April. Please check this first though.

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digerd · 23/02/2013 13:14

And it can be carried over - so if for 2 years nothing was gifted, then it is allowed to give £9,00 in the 3rd year. Forgotten how many years you can use this accumulation for.. Or if the £3000 has been raised.

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digerd · 23/02/2013 13:20

My DM went into a home as she had severe dementia and had lost the use of her legs. The council paid the costs, until the house could be sold and when after only a few months mum died, the costs had to be paid back out of the house sale. There is no way round it.

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