h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

Please get rest of family to seek legal advice, if the mum has Handed over poa under false pretenses it would constitute fraud and police may be the answer.

I'd also add in the interests of caution, beware of taking advice from *us* here on this thread, no matter how authoritatively we give our opinions. At the end of the day, who knows what credentials we have to give advice on the matter? It's another reason to get specialist advice from people whose bona fides you can check.

(Not a dig at anyone who's posted, honest - but a general rule for taking advice from people on the web who *sound* like they know what they are talking about...)

Well said KB!

"What sort of son would do this to his mother ?"

I blame the parents.

Message understood KB have lurked around here for a year or two..
We are talking about a mother in her 90's and a son in his 70's. A lot of water has gone under the bridge.
Those involved in the mothers care and her social worker are uniting in her interest but guess that the son has emptied the golden purse and must now pay the consequence of helping himself to his inheritance before it was due. His mother has lived too long.

Well KB post of 22 suggests that I and others shouldn't have contributed to this thread, - seek legal aid, go to the CBA etc - but aren't they the obvious remarks not requiring the attention of askh2g2?

>>and is trying to get her care into the hands of a contractor, upsetting a caring situation that his mother has been happy with for years.

The elderly tend to need more care as they age, so are you sure she isn't in this position now? After all, you say she's had the existing care package for "years".

Stone Aart, I'm not getting into an argument. I made it perfectly clear that it wasnt a criticism of anyone who'd posted here.

Yes, many of us gave suggestions, mostly all along the lines of "get advice" - KB did make it clear he wasn't directing his response to anyone in particular.

OK folks, leave it here. The 'system' is taking care of the old lady, let's just hope that her son gets his comeuppance.
Thanks again to those who contributed.

>>/.. leave it here.

One last thing which I don't understand; if he stands to inherit the house, why does he want her to go into an expensive care home, which would have to be funded by his inheritance?

He conned his mother to make over her house to him some time age but she continues to live in it. After seven years it is his to sell with no capital gains tax. He also has power of attorney and access to her bank account but is responsible for her care. He has stripped her of her assets so she would live in a home at the tax payers expense and he can now sell his/her house.

Good gracious where are you getting your information from

http://www.hmrc.gov.uk/inheritancetax/pass-money-property/pass-home-to-children.htm

The 7 year rule is for Inheritance Tax. But if she's continued to live in the house then that rule doesn't apply.

He'd only be exempt from CGT on the sale of the house if it was his primary residence.

And local authorites can go back as long as they like to decide if a house was removed from someone's assets as a means of avoiding care home fees.

Seriously, get some specialist advice on this.

Beatrice - Social services have the case in hand. My source is one of those directly involved.
You link to inheritance tax and need to look deeper into the question of capital gains tax.
In this case the mother is still living in the house that she gave to her son some time ago.
He wants her out so that he can sell her home. I believe that he will be subject to capital gains tax and that the amount he has to pay will be affected by the time his mother has lived in the house since she made it over to him and any cost he may have paid in the upkeep of the property. In any event he has stripped her of her assets.
This is assuming of course that the rogue will declare the event to the Inland Revenue.

PS - At the moment the son lives comfortably in his own home situated some 300 miles away from his mother.