Care and deprivation of assets, advice please

[Woolfie]

I would like to know if there are any options available to me regarding avoiding selling my parent's home in the future. Dad is 95 and in permanent residential care which is paid for by the council. Mum (88) still lives in that marital home but her health is declining fairly rapidly. Their idea was always that their house would be sold when they died and the money used to buy a house for my son who is Autistic and lives in a flat with his 5 cats (don't judge lol). I wonder if we could use an equity release company now to take money out of the home and buy my son his house? I have a horrible feeling that the way things are going Mum is going to pass first and the proceeds from their home will go to Dad's care. Does anyone have any ideas on the best way to deal with this or should we try and find a local solicitor who can help? I have heard about trusts etc but I am not sure what would be the best option.

[sederunt]

Is the house owned jointly? If so, is there a survivorship clause (special destination) in the title?

Do parents have capacity to make decisions?

Do you have power of attorney?

[Woolfie]

Yes they own the house jointly. Not sure about the survivorship clause. Dad doesn't have capacity but Mum does, that said I have POA for both of them as Mum wanted me to deal with all her finances. The POA for Dad is both financial and welfare but for Mum, it is just financial.

[sederunt]

If mum dies, presumably dad's house share is then available to fund care. And if dad inherits mum's share, then that too.

Mum has capacity so could leave her share of the house by will to someone other than dad to protect it from dad's care costs. If there is a 'survivorship destination' in the title this would have to be removed or overcome - 'evacuated'. POA might allow this to be achieved if suitable provision has been provided for in POA appointment.