Named bequest sold before death?

getmore4less

Errata wrote: »

1)
3) Who in the family was informed of the application for POA? That has to be done to enable any objections to be lodged. They will know which Power was granted, and when.

For an LPA in practice there is a loop hole that no one needs to be notified other than the solicitor setting up the LPA under instruction so can be totaly secret.

Mojisola

Add up the income from any pensions, AA at the higher rate and the amount raised from three lots of rent - that might pay for the care home.

vigman

getmore4less wrote: »

For an LPA in practice there is a loop hole that no one needs to be notified other than the solicitor setting up the LPA under instruction so can be totaly secret.

This was the case in this example.

Vigman

vigman

Mojisola wrote: »

My father is going to be self-funding but he is benefitting from the 12 week disregard at the moment and, after that, the LA will put a charge on the property until it is sold when they will recoup their money.

1.) There seems to be some difference of opinion on this matter, so we will have to consult with the LA and Home.

In this example Mr Smith was moved from a hospital to a nursing home. He has a 6 week free assessment period, and AgeUK led us to understand that as he needs continuing nursing he may get all or some of his fees paid. However, many treatments were withdrawn in hospital, including the removal of a permanent catheter(!) which meant he did not meet all the criteria for NHS/LA funding!


2.) What is the actual process of 'putting a charge' on a property, please, if this is relevant?

Vigman

vigman

Mojisola wrote: »

Add up the income from any pensions, AA at the higher rate and the amount raised from three lots of rent - that might pay for the care home.

I'm afraid it doesn't, especially as the 700 pw I quoted was the absolute basic cost and the actual figure is likely to be c 1K per week.

Vigman

Errata

2.) What is the actual process of 'putting a charge' on a property, please, if this is relevant?

http://www.landregistry.gov.uk/professional/guides/practice-guide-29

vigman

To answer Errata's points:

1) I would expect that the Attorney will have power over Mr Smith's financial affairs whether it was the old one, or the new one.

Thank you. The OPG reply should clarify this as no paper copy can be found.


2) It is not in Mr Smith's interests that the Attorney gives away his money to others. His best interests are that his money is used to fund the best care possible; there are many Homes that charge far more than the one he is currently in, which enables them to provide a very superior care service.

The basic charge is 700 pw, but the actual costs will be c 1K. It is an exceptional home with a special dementia unit quite a driving distance from "Sandra's" home although there is one about 200 yards from her house but which, although convenient, has a poor reputation. Also a professional carer is sent to visit every day to ensure that he is being well looked after and this also has to be paid for!


3) Who in the family was informed of the application for POA? That has to be done to enable any objections to be lodged. They will know which Power was granted, and when.

As in another thread, this was legally done in secret with only the person given POA knowing about it.



4) Care Homes do not put a charge on a property; this is something that Local Authorities do to claw back the fees they have paid. Any Care Home that would be tempted to do so would expect to charge a very large amount of interest.

This seems to need clarifying, especially as one contributor has current experience of this. We will talk to the home and the LA.


5) Did Mr Smith have the capacity to make a new will at some point during the ten years he was being cared for at home? If he did, then it must be assumed he chose not to because either the difficulty the family now finds itself in was not discussed with him, or it was and he chose to ignore the implications of his bequests.

Yes, the new will is the current one made around 5-6 years ago when he was only physically disabled. There are more grandchildren in the example than I have mentioned who do not get bequests, but the 3 named as gifted Rose Cottage are all disabled and MR Smith especially wanted them to have a financial 'boost' in life.

6) I suggest you seek legal advice.

This is more difficult than it seems as only Mr Smith gets on with the elderly family solicitor (who holds all documentation etc).

Errata

This is more difficult than it seems as only Mr Smith gets on with the elderly family solicitor (who holds all documentation etc).

that's immaterial as Mr Smith has appointed an Attorney as he is now without capacity. Find your own solicitor.

vigman

Errata wrote: »

that's immaterial as Mr Smith has appointed an Attorney as he is now without capacity. Find your own solicitor.

Easier to say than to do in practice, unfortunately.

Firstly, the existing solicitor is already not forthcoming in requests for specific documentation etc, no doubt because he now realises he could be replaced.

Secondly, there would be extreme family difficulty in deciding on a new solicitor.

Vigman

getmore4less

Sandra can use any solicitor she wants she has the POA.

The family if they don't like it can apoint and pay for their own.