Intestacy and mental capacity

Humblepie

Thank you for your messages. My brother was living in a flat and receiving benefits, disablilty, PIP...(from paperwork I've unearthed at my mum's) But due to his illness, he assaulted several women in one incident and this was, I believe, how he eventually ended up in his present accommodation. So, maybe he is sectioned.
I would not be happy to have her inheritance spent on his care fees,or squandered. Maybe the Cop route would mean that I could potentially control his spending??
It will be quite a substantial amount of money approx 100k 

Humblepie

BTW, I've spoken to the care home manager but not about his finances yet. Just funeral arrangements. She's. attending, but my brother is not

Humblepie

Found out from his former social worker that he is on section 117 aftercare but he gets some money from the government. He is free to come and go as he pleases, under the supervision of the care home. She says that his money is managed by an appointee from the local council. 

elsien

billy2shots said:

elsien said:

The court of protection doesn’t manage the funds. An application is made to the CoP for a financial deputyship. This is where the solicitor comes in if there is no family member willing and appropriate to take on the role. There is a cost implication which is why I said “depending on the size of the inheritance.” 

Full information here.

https://www.gov.uk/become-deputy

In my experience family (or care home appoineeship of which I am 2 clients appointee) is not favoured by social services if there is a social worker involved in the case. This is especially true with large sums of money that a remaining family member believes should be theirs (not saying this is the case with the OP). 
In these cases the Exchequer service from the local authority becomes involved. 

That may be the case in your area; it isn’t in mine. The LA do not act as appointee. There is a paid appointee service run by another organisation and deputyship is something else again and the person would be asked their preference as to who supports with that. 

OP, 117 aftercare may or may not cover housing, it depends on the individual circumstances; that’s one to ask the SW. For that sum of money I would expect a deputyship to be needed. But with a deputyship the money is still his so even if someone else is managing it any financial contribution to care or means tested benefits would still take that money into account.

xylophone

https://www.nhs.uk/conditions/social-care-and-support-guide/care-after-a-hospital-stay/mental-health-aftercare/