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A little advice from the collective?


MONX
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Hi all its been a while since ive posted on here its been a difficult time. I am sure this is not the best place to post this request for advice but i couldnt really find any forum on the site that was even close to the topic i need help with.

 

My wonderful father passed away in September last year, my mother unfortunately suffers from early onset Alzheimers and is in a home. My father was her Appointee regarding her benefits and finances and this has now passed to me since his death. I have an interim certificate of deputyship in order to document her finances in order that the court of protection can then assess her worth and then award my complete deputyship and charge me a bond in order to do so.

 

Using the interim certificate I have managed to sort out all dad's pensions etc the only thing left to be assessed is the marital home. I have never bought/sold a house and I am not sure how to go about it.

 

Is it as easy as contacting and getting a few quotes from some estate agents in your opinion or does it have to be more complicated as i dont own the house?

 

Hopefully one or two of you will know or this thread can be moved somewhere more appropriate.

 

Would appreciate any advice

 

Thanks

 

Monx x

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Using the interim certificate I have managed to sort out all dad's pensions etc the only thing left to be assessed is the marital home. I have never bought/sold a house and I am not sure how to go about it.

 

Is it as easy as contacting and getting a few quotes from some estate agents in your opinion or does it have to be more complicated as i dont own the house?

 

I had to get a valuation for my mother's house last year. Simply called three local estate agents and told them was thinking of selling, but needed a valuation & breakdown of costs in writing. They came out, measured up, and provided the required info without charge.

 

To get a property valued does not require any proof of the right to sell. The estate agents just see it as an opportunity to make commission and fees so have little in the way of scruples when it comes to making a valuation.

 

IF/when it comes to selling the property, you will need the relevant authority to do so - The Court of Protection will provide this by way of conferring Power of Attorney on you. But before you sell, make sure an assessment of clinical care needs has been carried out before the financial assessment. As your mother has Alzheimers, her care needs will become more demanding over time, so reassessments should be done at regular intervals.

 

Been there, done that, and now have NHS Continuing Health Care funding for my Mother and the house still remains in the family.

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Hi,

 

I have moved your thread to "General Legal" forum. You need do nothing, it is purely administrative.

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I had to get a valuation for my mother's house last year. Simply called three local estate agents and told them was thinking of selling, but needed a valuation & breakdown of costs in writing. They came out, measured up, and provided the required info without charge.

 

To get a property valued does not require any proof of the right to sell. The estate agents just see it as an opportunity to make commission and fees so have little in the way of scruples when it comes to making a valuation.

 

IF/when it comes to selling the property, you will need the relevant authority to do so - The Court of Protection will provide this by way of conferring Power of Attorney on you. But before you sell, make sure an assessment of clinical care needs has been carried out before the financial assessment. As your mother has Alzheimers, her care needs will become more demanding over time, so reassessments should be done at regular intervals.

 

Been there, done that, and now have NHS Continuing Health Care funding for my Mother and the house still remains in the family.

 

Hi Mr P

 

Thats great, a real load off knowing how to proceed.

 

I am in a really lucky position (in relation to the funding for Mum's care) in that as she was sectioned under the mental health act, she is in "continuing care" therefore she is funded by the LA and the NHS so her capital and assets are not going to be used to pay for her care.

 

We do pay the difference of the cost of her care and what the NHS and LA will pay but that was a choice Dad made when choosing the place. He felt that eventhough the home was charging more than the going rate he was happy to pay it as the home gave Mum the care she needed and deserved so we are happy to continue with hiswishes .....despite the fact that personally I feel the home are captialising on the fact that for most people in our our area they are the only establishment that are within a reasonable travelling distance that provide the level of care that Mum would need...but that is another story.

 

So I just need to arrange a few estate agents to give quotes and an evaluation of the property and send these to the court? I know that when I get the full deputyship I then could sell the house. This is something both my brother and I want to do as we feel the house is just deteriating with no one living in it and neither of us want the bother of renting it out so selling it and putting the proceeds in a high interest account would be better for Mum should she need it.

 

Thank you for your reply

 

Monx x

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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So I just need to arrange a few estate agents to give quotes and an evaluation of the property and send these to the court?

 

That's pretty much it. Just don't tell the estate agent(s) that you need a valuation for the court. Something along the lines of:

 

"We need to sell the house, but need something in writing from yourselves detailing your fees and the price you expect the property to sell for. Once we have the letter, the Attorney will make a decision as to who to use and authorise the sale..."

 

No need to mention Court of Protection or pay an estate agent for the valuation. As care costs are being paid for by the LA/NHS, you can aim to get market value (or higher) for the property. The hard part will be clearing the house of a lifetime of possessions.

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