Not even gone yet....

vroombroom

and they are already arguing :mad:

Short version: my mam has been my nan's main carer for the last 7 years since my grandad passed away. She does her shopping, manages finance etc as her siblings live round the country.

My mam is one of 4: two sisters and a brother. One other sister visits her. The other sister and brother haven't been up since my grandfather passed.

My nan has a house that she, my two aunts and my uncle are named on. It is split 4 ways (two aunts, uncle and my mam) paid monthly. My mum wasn't named on it as the others were squabbling over who wanted to be on it and as there were only 4 allowed and my mum is quite reserved she never argued.

Nan has been in hospital for a few weeks now with terminal cancer and is being moved to a 24 hour hospice in a few weeks once a place/funding has been sorted. My other aunt and uncle have not been up to visit my nan since she was admitted.

Now they have rocked up this week and started demanding things and this is where my query lies. They want her to go home to save on care home costs, where as my mum, other aunt, the nurse and social worker agree for her to go into the home.
My uncle is threatening to go to a solicitor to gain control of my nan's assets - her bank account, her savings and her house. Can he do this??

thanks! x

RAS

Is nan still OK mentally?

If so, she is the person who decides who get control of her money etc.

Get your mum to read this http://www.justice.gov.uk/about/opg

If not mum can apply to be the attorney rather than uncle.

Does nan have a will?

If not when she dies uncle and the two aunts get a quarter of the house each and the other quarter is shared between the 4 of them?

vroombroom

sorry no she's not, she's actually been sectioned under the mental health act - 5 I think where it stops her leaving hospital voluntarily? She has early stages Dementia that have developed rapidly since she went to hospital - she is a danger to herself, cannot look after herself, doesn't know who she, where she is etc.

Yes she has a will that splits the house between the 4 of them. My aunt and my mum aren't bothered about that - they want her in the home where she will get proper care. They think my uncle wants my nan to go home to save costs:(

thanks for that RAS, I will get my mum to read that link.

getmore4less

why and when was the house put into the 4 names?
was any advice taken

You can have more than 4 benifitial owners by using a trust.

When you say split 4 ways monthly is there a mortgage or is that rental income?

who administered grandad estate.

If she has allready gone that far then it will require the public guardian and the courts to get involved to set up LPA it can take time.

How terminal and sectioned it could be that she is entitled to fully funded care anyway

if they think there is money in the family they may just let you asume you have to pay(some trusts/council/GP are like this) when you don't.

Gingernutty

getmore4less wrote: »

If she has allready gone that far then it will require the public guardian and the courts to get involved to set up LPA it can take time.

If the poor lady has been sectioned for her own safety, then she's too far gone for an LPA.

Until someone applies for Deputyship of the Court of Protection to take over the lady's affairs, then no one, other than the social services and doctors can take any decision for her.

This is a long process and by the sounds of things may come too late to be of any use before she dies.

Of course, then the executors will have to apply to administer her estate.

You sound as if you're stuck between a rock and a hard place, OP. I'm sorry for your troubles.

Torry_Quine

As someone who is sectioned she will be entitled to free care anyway wherever she is. If she is in a hospice won't that be under the NHS and of no cost to anyone.

madbadrob

Correct me if I am wrong but if she is sectioned under the mental health act for her own safety then there is no way she could be brought home anyway

Rob