Solicitor, conveyancer, or financial planner?

SnowWhiterThanWhite

Hi,

I am hoping for some advice. My dad has recently had to go into a nursing home as his dementia suddenly took a dramatic turn for the worse.

At the moment, he has been assessed as eligible for CHC, so currently, his nursing home fees are being state-funded, but, I doubt this will continue in light of economic cuts/change of criteria etc.

I am trying to do the best I can to help my mum, but am finding it difficult as I work full time & have my own family to worry about as well as worrying about mum & dad

Basically, mum needs to get herself sorted, in terms of putting their home into her name? putting accounts into her name? changing her will? There is also a 2nd property which is rented out. Both this & their main home is in dad's sole name only.

No, she is NOT trying to get out of paying home fees etc. but, we want to tidy everything up financially.

They already had a full financial assessment when dad first went into a residential home & were deemed as being 'full cost' so social services have full details of their financial standing in full.

The problem is, I have approached 2 local solicitors, whose first responses were both 'are you trying to avoid care home fees?' and made us feel like thieves. Their general tone was extremely rude, and it has put us off. My mum then approached her bank, who drew up her Will, and explained that she wanted to amend it, and was told she would have to see a solicitor!

All I want to do is to put mum's mind at ease, as best I can, by getting her some advice.

Can anyone suggest who she needs to see?

Many thanks

Savvy_Sue

I'm sorry you're not finding local solicitors helpful, and for the difficulties you're facing.

If you have a local branch of Age UK, I'd start there. Either that, or phone them and contact Counsel and Care. Both organisations have useful fact sheets.

First things first, I think what your mum needs is to be appointed a Deputy - unless your Dad had already drawn up a Power of Attorney? it's going to take some time, but it will mean Mum can take over Dad's affairs.

If your Dad's got Full CHC, hang onto it, sounds like you'd have grounds to contest it if they said he was no longer entitled to it. But I presume that means he doesn't have any times when he has 'capacity', ie could understand what he was doing. Which means doing a PofA isn't the way to go.

You'll get details from the organisations mentioned.

Biggles

I doubt if a solicitor can help at the moment, as Sue says your Mum needs to apply to the Court of Protection to be appointed a Deputy. Only then can she transfer your Dad's properties to her.

Details given here http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Makingdecisionsforsomeoneelse/DG_176235.

As regards a will, try the Institute of Professional Willwriters http://www.ipw.org.uk/. They are experts in wills (not all solicitors are) and are much cheaper.

I think, once they've granted CHC, they would find it very difficult to take it away; they'd have to show a dramatic improvement in his condition, which sounds unlikely. But you must be ready to put up a fight if it's even remotely suggested.

SnowWhiterThanWhite

Thanks both for your replies.

We already have a lasting POA for his financial affairs, so at least that's one less thing to worry about.

With regards to CHC, he has awarded this when the res home he was in could not cope with him any longer & an immediate decision was made by SS to move him into a nursing home, at which point, a nursing assessment was made & he was awarded CHC. We were advised by letter that this was only for an interim period and he is due to have a full mental health/nursing needs assessment in the next few weeks.

I have heard of cases where CHC has been withdrawn, but as you say, he certainly hasn't got any better since going into the home, and he never will, regardless of what drugs they decide to try him on next.

I will have a look at the 3 links you have kindly provided, it's just very difficult at the moment trying to fit everything in, and keeping my own head above water, if you know what I mean.

Thanks guys

Savvy_Sue

OK, well, just to add to your reading list, make sure that you read the Counsel and Care information on CHC assessments, and when you're feeling strong this thread! Hope for the best and prepare for the worst!

If your mum already has PofA for his financial affairs, then anything to do with that is less urgent, IMO, because she already CAN do things like transferring ownership of the properties, I believe.

However, if your mum hasn't yet done a PofA in her own name, I'd make that more urgent than a will, TBH, unless there is currently a will which does things she really doesn't want to happen. Reasoning: once she's dead, the laws of intestacy kick in - yes with some planning the inheritance tax burden could have been reduced, but at least the money is going to family etc.

However, if she suddenly loses capacity herself, you're all stuffed until such time as you can apply to the Court of Protection. And there are many ways to lose capacity, temporarily or permanently. Even if she retains capacity, she might still appreciate being able to hand various aspects over to someone else.

Errata

It's worth remembering that an attorney must by law act in the best interests of the person they are acting for, not in the best interests of that person's spouse.

Savvy_Sue

Errata wrote: »

It's worth remembering that an attorney must by law act in the best interests of the person they are acting for, not in the best interests of that person's spouse.

Not disagreeing with you, but I thought they were also allowed to do what the person him/herself would have done, even if it might technically be argued that that's not in their best interests?

Example: Dad has always been generous to daughters, giving £100 at birthday and Christmas and sometimes just because he felt like it. If there's evidence that that's what he used to do, then attorney can continue, even if that's to his detriment (because giving money to his daughters leaves less for himself).

It is something you'd want to take advice on before shifting house ownership etc. Although to be fair, as long as you have PofA, I'm not sure there's much reason for doing that.

cabbage

I'm not 100% on this but I thought if you have a POA (possibly the old style ones) and the Donor lost his mental capacity the POA then has to be registered at the Court of Protection. If your mother has not already done this, she needs to. I'm sure someone who has more experience in these things will come along to confirm or otherwise

Biggles

cabbage wrote: »

I'm not 100% on this but I thought if you have a POA (possibly the old style ones) and the Donor lost his mental capacity the POA then has to be registered at the Court of Protection.

That is true of the old-style ones (Enduring PoA) but this appears to be one of the new ones, a Lasting PoA, and they are registered initially.

SnowWhiterThanWhite

[/QUOTE]
It is something you'd want to take advice on before shifting house ownership etc. Although to be fair, as long as you have PofA, I'm not sure there's much reason for doing that.[/QUOTE]
Hi,
One of the issues is that Dad owns a flat which is currently rented out, as it is in his name only, every year we have to do a self assessment, even though he doesn't have to pay tax!
It's a lot of hassle every year.
Just trying to make things more simpler for everyone.