Trust Fund

jamesblue

I need some advice to help my elderly Uncle and Auntie. My Auntie is in a Nursing Home and will never come out, as she has severe Huntington's, my Uncle is 81 and leaving in his own house. About three years ago he made me Power of Attorney of him, unfortunately he is a little confused and thinks this will pass to my Auntie if he dies.


Here is my questions:-


1. POA do not pass on to other people, because once spouse has died?
2. If my Uncle does die first, the Will says everything goes to my Auntie, but she is unable to sign for stuff and sometimes has issues communicating. Therefore I have said he needs to think about setting up a trust fund, where if he dies, all assets are sold i.e. house etc, then basically POA makes sure that anything she requires for anything is taken care of without any delays or hassle.


Then when she dies the Will they both have takes effect, basically everything goes to her son, whom unfortunately also has Huntington's.


What is the best way forward?




Thanks

xylophone

You have PoA for your uncle and presumably he has PoA for his wife?

If this is the case, then when he dies, his PoA ends as does yours- who is the executor of his will?


Does your cousin still have capacity? If not, how are his affairs managed?

As your aunt no longer has capacity, if you are to are to become her attorney, an application will need to be made to the Office of the Public Guardian. This would also be the case if your cousin has lost capacity.

https://www.moneyadviceservice.org.uk/en/articles/if-the-person-you-want-to-help-has-lost-mental-capacity

It would be possible for your uncle's will to create a discretionary trust to benefit his wife and son. This will need expert advice.


You and your uncle might wish to make an appointment to see a solicitor expert in wills and trusts to discuss the way forward.

http://www.step.org/online-directory

alanq

xylophone wrote: »

As your aunt no longer has capacity, if you are to are to become her attorney, an application will need to be made to the Office of the Public Guardian.

Attorneys must be appointed by donors while they have the capacity to so.

If it is too late for that then an application must be made to the Court Of Protection to be appointed as a deputy.
https://www.gov.uk/become-deputy/overview

jamesblue

Yes my Auntie is his Wife. My cousin does have capacity, but unfortunately we can see Huntington is progressing fast. He lives very far away, and my Uncle wants to make sure the my Auntie stays in the same Nursing Home, which I have while saying the to family is okay, he needs to get it somehow in writing, otherwise anything could happen.


Thanks for the advice. I am going to get him to look at the Court of Protection.

xylophone

Has your cousin arranged PoA? If not, then he needs to do so.

xylophone

And if your Uncle wishes hs will to set up a discretionary trust to which all assets are left, (rather than to his wife and child) then he needs to see a solicitor expert in wills and trusts - see my post above.

jamesblue

xylophone wrote: »

Has your cousin arranged PoA? If not, then he needs to do so.

No, my cousin and I are only POA of my Uncle, no one is POA of my Auntie.