My Mother In Law Has Alzhiemer And Brother In Law Has Lived With Her

lilacben | 22:32 Sun 21st Jul 2013 | Civil

42 Answers

For years now. He has sent to my husband and there sister a order of protection for them to sign as respondents. We think he intends to sell mothers house and move. She isn't in fulltime care yet but goes to day center and has been assessed to the fact she will not have to go into a fulltime home for at least another year. My husband and sister does not want him to sell the house. Can they stop him.!

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pixie373

Is that the same as Power of Attorney? Who looks after her interests at the moment?

Mamyalynne

Are you sure you mean 'order of protection' ?

http://womensissues.about.com/od/domesticviolence/f/OrderProtection.htm

DJHawkes

he can buy it from your mother-in-law if he wants, then he can sell it. it's not his to sell now is it.

lilacben

Question Author

That should have been court of protection. Sorry for confusion.

DJHawkes

do you mean an order of possession? what does he think they are respondents to? is there a mortgage on the house?

DJHawkes

oh
http://www.mentalhealthlaw.co.uk/Court_of_Protection_forms

pixie373

So, does he have Power of Attorney? I'm very surprised you've been told it will be a minimum of a year before she "needs" to move to a Home.

lilacben

Question Author

In the will it is left to all three of them but only when brother finds somewhere else to live.

DJHawkes

ah, this is a better link that explains more
https://www.gov.uk/apply-to-the-court-of-protection

pixie373

Who is responsible for her at the moment? If she's been assessed under the Mental Health Act, there should be a Power of Attorney. Is that your brother?

lilacben

Question Author

It is the c0p1.

lilacben

Question Author

There is no power of attorney at the moment. Brother said it was too late for it. ?

EDDIE51

Who actually owns the house ?
If it is in your MILs name and she needs full time care it will have a charge put against it to pay for her care. Once the house is sold the charge has to be paid from the sale price. If she sells it now it will not help as it will be viewed as selling to avoid the charges and she will still have to pay for her own care.
On the other hand if the BIL is a joint owner and has the right to live in the house for life then it can not be treated as an asset so can not be used to pay for her care.
Why do your husband and sister not want the house sold ? are they hoping she will leave it to them?

pixie373

It depends whether she is able to agree to it. If she has not been officially assessed otherwise, she has Mental Capacity (legally) and can choose who she wants. I take it he is applying to take over her affairs and so, you are worried what he might do? Is there anybody you all trust, who might be a better representative for her?
His thinking may be (assuming you're right) that if the house gets sold, she won't have to pay for care. Although she won't be expected to sell her house with someone else living there anyway.

lilacben

Question Author

No the house will not have to be sold because brother is now 60 and the law will not make him sell it for the fees. As I said in her will she has left the house to the three of them. So as far as we are concerned it stays her house until she passes away. But Brother thinks he may lose his job in september and he says he cannot afford to. We think now he wants to sell the house and get somewhere smaller with the money.

EDDIE51

Pixie she will not have to sell the house but there will be a charge put on it against the care fees , selling the house will not do any good anyway , the council will regard it as deliberately depriving herself of assets.
The house will either have to be sold or will have a charge put on it until the value drops to the maximum value allowed to be kept . I think that is around £30,000 .
With care home fees of at least £600 a week ( more like £2000 to £3000 a week for 24/7 one on one care) it will not take long for the value of the house to be reduced to the £30,000 level.
lilacben the 3 people the house has been left to will only get what is left after the care home fees have been paid around £30,000 between them.

pixie373

Yes, that's right, Eddie, although it was £36000 when i last worked in a Home

EDDIE51

lilacben look at my reply above.
No the house does not have to be sold now but the care home fees are regarded as a loan against the value of the house. When the brother dies then the house will have to be sold and the fees will be taken from whatever it sells for. if for example it sells for £150000 and the fees are £100000 then there will only be £50000 left for the 3 in the will.
They will keep on taking fees against the value of house until the remaining value drops to the limit on assets , which I think is around £30,000.

EDDIE51

Thanks pixie £36000 sounds more like the current rate I was a bit out.
So lilacben, the 3 in the will are only assured of getting £36,000 between them and that will have interest on top of the fees deducted. I am afraid it is too late to do anything about it now . Any way as the brother is only 60 he could live another 30 years yet before the house has to be sold.

pixie373

Eddie, I'm suggesting what the brother may be thinking. Lilacben wants to know if they can stop him selling the house from under her?

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