Giving house to Me!

BobQ

le_loup wrote: »

No, the attorney can only have the interests of the father in mind when making ANY decision on the use of the assets.

This is only true of decisions the POA makes. The donor could make a decision for himself, unless the donor has no capacity to make their own decision (there are varying degrees of mental incapacity). You can give POA to someone and retain the ability to make decisions yourself.

But in these circimstances its best (essential) to allow the donor to deal directly with a solicitor (and as POA to have no dealings in the matter, not even be present). Its for the solicitor to decide if what is proposed is acceptable and whether the donor has the capacity top make such a decision, may even be best to have the GP witness the signature.

I do agree that it would be more difficult to do and as a POA you would wish to have demonstrable evidence that no undue influence was made and that you had complied with the responsibilities of a POA.

Of course in this case its too late (for DOA reasons) even if the person can make the decision for himself.

patanne

It is one thing to have a POA & another thing to actually use it. If you don't get a POA before you need it then you are not able to get it as the donor is not fit to sign & it becomes a matter for the courts & a lot more money. If you have used the POA then I don't think you have any chance of doing what your father wants to do. I had the same sort of problem with my parent who wanted the family to inherit. The only answer to that can be - you have saved for a rainy day & now it is chucking it down. I don't need your money - you do. Although having said that one should also remember that the most expensive care home is not necessarily the best. One we checked out, the only 'English as a first language' person was the manager. Which is fine but how does someone who has trouble understanding their own family from time to time understand what a carer is saying who doesn't even understand what 'spend a penny' means.

atush

Mojisola wrote: »

They will be funded by the LA once their capital reduces to £23,5000.

Be aware that the LA will only fund to a level that they set. If the home they are in costs more than that, someone else will have to pay a "third party top-up". If no-one can do this, they may have to move to a cheaper home.

I agree, but assume it will be 23.5K each and the top up (if around 200 or so) could be funded out of the pot and interest. Leaving at least some nominal inheritance.

I note you recently set up the POA (and well done for doing so in time). If he is still compis mentis enough for such things, if he wants to vary his will in favor of his grandchildren (rather than you as POA) and does not discriminate if your brother has children before he dies that could 'fly'. but it has to be fair, and the solicitor will have to be happy he is still competent.

I would hate to see you and your brother fall out over this, as both of you will be needed to help in the days ahead. you need to work as a team, even if your father and he have fallen out (could be random testosterone- one of the early signs of dementia in males is increased aggression and paranoia).

Mojisola

atush wrote: »

I agree, but assume it will be 23.5K each and the top up (if around 200 or so) could be funded out of the pot and interest. Leaving at least some nominal inheritance.

The top-up can't be paid by the person receiving LA funding. It has to be paid by a third party - not the LA and not the person in care.

BobQ

Mojisola wrote: »

The top-up can't be paid by the person receiving LA funding. It has to be paid by a third party - not the LA and not the person in care.

How does the top up work when someone offers it for one parent and then the second parent needs care? Can they equalise the top up? What happens if they cannot afford to continue the top up?

I ask out of curiosity but it may help the OP to know.

Torry_Quine

BobQ wrote: »

How does the top up work when someone offers it for one parent and then the second parent needs care? Can they equalise the top up? What happens if they cannot afford to continue the top up?

I ask out of curiosity but it may help the OP to know.

If a top-up is needed but not paid then the resident will need to move to another care home which doesn't need a top-up. If there isn't one available then the local authority may try and negotiate the rate they pay the home.

Mojisola

Torry_Quine wrote: »

If a top-up is needed but not paid then the resident will need to move to another care home which doesn't need a top-up. If there isn't one available then the local authority may try and negotiate the rate they pay the home.

This is what the SS have told me. As there are cheaper homes available, my father would be moved to one of those.

It does leave us in the position of hoping that he dies before the money from his house runs out. We're not in a position to pay a top-up and I've been round a couple of the ones funded at the council rate and wouldn't want him to have to live in those.