Named bequest sold before death?

Errata

A solicitor can release information to a client themselves or their Attorney, not to any Tom !!!!!! or Harry who feel they have a right to have sight of the information.

troubleinparadise

Read up on the CRAG regulations to understand a little more of how residential care charging is assessed, and the issue of charges against a property:

"Under the National Assistance Act 1948, where a local authority arranges residential care for a person it is required to carry out a financial assessment and charge the person such sums as they are assessed as being able to pay. The financial assessment is made using the National Assistance (Assessment of Resources) Regulations 1992. The regulations are updated annually. The latest amendment to the 1992 regulations is S.I. 2011/724.

The Charging for Residential Accommodation Guide (CRAG) provides guidance to local authorities on how to interpret and apply the regulations."

http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_125831

vigman

Thanks to everyone who has responded so far, it is greatly appreciated.

'Age UK' also said to look into "NHS Continuing Healthcare" (instead of the CRAG route).

This is not means tested and is applicable if certain treatment criteria are met:

http://www.nhs.uk/chq/Pages/2392.aspx?CategoryID=68

Vigman

getmore4less

NHS Continuing Healthcare

long running thread around somewhere on MSE on how to go about this.

troubleinparadise

Definitely worth looking into, but be prepared for a lot of work to actually achieve it. Sadly it will probably fall to those in the family (ie your wife and you!) who are motivated enough to pursue this; keep an open mind re the other funding methods as an award of CHC even if made can be revoked if evolving health issues mean that the criteria are no longer met at the regular assessments.

vigman wrote: »

Thanks to everyone who has responded so far, it is greatly appreciated.

'Age UK' also said to look into "NHS Continuing Healthcare" (instead of the CRAG route).

This is not means tested and is applicable if certain treatment criteria are met:

http://www.nhs.uk/chq/Pages/2392.aspx?CategoryID=68

Vigman

Good luck!

dzug1

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.

Unless the rules have changed recently - if the LPA states that no one is to be notified then two professionals (not one) will have to have attested that the donor understood what s/he was doing


Makes it more difficult to say it's not valid

getmore4less

dzug1 wrote: »

Unless the rules have changed recently - if the LPA states that no one is to be notified then two professionals (not one) will have to have attested that the donor understood what s/he was doing


Makes it more difficult to say it's not valid

Only needs for one person to be notified then only one is needed to attest(certificate provider) not two.

The key is these can be the same person.

jackyann

You may feel that this is "off topic" but I mention it as being of interest to others following this thread.
Simply leaving bequests on money or property to people whose disability makes them vulnerable / dependent may not be the best way to help them.

A small amount of money can go a long way if well used to make a suitable home, or be saved for holidays etc. But often it simply funds the person until State support kicks in (good for the tax payer but no special boost for the disabled person)
At worst it can put them in a vulnerable position. So I always suggest that money left to a disabled / vulnerable person is done with specialist legal advice.
In this situation I also wonder if they have advocates to speak for them? It is not clear what the disabilities are.

vigman

I can't thank this group enough!

Since starting this thread and getting all the information here or linked to, a 'lost' (unregistered) Enduring Power of Attorney has appeared in a solicitor's office and the name of the solicitor who 'had nothing to do with it' had signed the original accompanying letter!

I am starting another thread in this section, but thanks to all who replied here!

Vigman

nom_de_plume

A bit late to reply to this thread but I was in a very similar conflict of interests situation recently and was of the opinion the sale of the main residence was financially the soundest solution.
I was advised by the Court of Protection to put the sale proceeds in it's own bank account and name it to represent the lagacy in the will. So instead of Mr J Bloggs Saving 2 account or whatever, call it 'The property known as Rose Cottage, 2 High Street, Anytown.
Basically the account needs to be ring fenced to identify it as the legacy in the will so that any value left at the time of death goes to the beneficiary it was intended to.

Do take professional advice before accepting the above as a 100% safe solution.