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Mental Health Act
3 Answers
I have a friend who has a problem i was wondering if anyone here could help him out.
My friends mother was taken away under the Mental Health Act as she was suffering from a bad case of dementia.
Then my friends father was forced, by legislation or the courts( not sure which), to put half of their homes ownership over to hospital or state (again not sure). In addition the Father still pays for, at least a portion, of the mothers care
He thinks that if his father dies before his mother then sole ownership of the house would transfer to the State?
Surely this wouldnt be the case? I mean is that really what happens or has my friend got the wrong end of the stick?
Anyway any help on this would be massively appriected
My friends mother was taken away under the Mental Health Act as she was suffering from a bad case of dementia.
Then my friends father was forced, by legislation or the courts( not sure which), to put half of their homes ownership over to hospital or state (again not sure). In addition the Father still pays for, at least a portion, of the mothers care
He thinks that if his father dies before his mother then sole ownership of the house would transfer to the State?
Surely this wouldnt be the case? I mean is that really what happens or has my friend got the wrong end of the stick?
Anyway any help on this would be massively appriected
Answers
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If you are in the UK your friend has definitely got it wrong - you cannot be forced to transfer ownership of the house in that way.
The worst that can happen is you run up debts against the house which after your death is sold to pay them off.
If you are in the US (which your wording sort of hints) - then pass, anything goes there.
The worst that can happen is you run up debts against the house which after your death is sold to pay them off.
If you are in the US (which your wording sort of hints) - then pass, anything goes there.
i think that is because she would own half of the property as a joint tenant and people who own property have to pay out for care.
If they are still joint tenants, then his half of the property woudl pass on his death to the mother and the state would then get its claws on that too. I would suggest that he sees a solicitor to sever the joint tenancy so they become "tenants in common" and that he ALSO makes a Will leaving the property to the intended beneficiary (making sure he has a right to live there for the rest of his life), this should ensure that the state can't get their hands on it unless the father is then also put into care and his share is used bythe state.
There is a technical way around this with having the house put into trust/transferred to beneficiaries now before he dies but that must be discussed thoroughly with a solicitor to see if it is appropriate in these circumstances
If they are still joint tenants, then his half of the property woudl pass on his death to the mother and the state would then get its claws on that too. I would suggest that he sees a solicitor to sever the joint tenancy so they become "tenants in common" and that he ALSO makes a Will leaving the property to the intended beneficiary (making sure he has a right to live there for the rest of his life), this should ensure that the state can't get their hands on it unless the father is then also put into care and his share is used bythe state.
There is a technical way around this with having the house put into trust/transferred to beneficiaries now before he dies but that must be discussed thoroughly with a solicitor to see if it is appropriate in these circumstances
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