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Dad has Dementia. Best course of action to protect assets?

13

Comments

  • xylophone
    xylophone Posts: 45,989 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you checked the Land Registry entry for the property?
    Is the proprietor shown as the Representatives etc?
    Is the charge  against the property recorded?
    https://www.gov.uk/government/organisations/land-registry

    Were your parents both Representatives?
  • lr1277
    lr1277 Posts: 2,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Getting POA for my parents took between 4-6 months, possibly a year, I can’t remember exactly. Our delays were compounded because the Office of the Public Guardian could not read the solicitor’s handwriting, so the forms had to be resubmitted.
    Then sending the forms to the attorneys and waiting for their response probably added a month to the timescale.
    All this was before Covid.
    Getting the POA registered with RBS took about 6-7 months, and it involved a branch appointment. Our branch appointment was about a week before the lockdown.
  • elsien
    elsien Posts: 37,595 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    lr1277 said:
    Getting POA for my parents took between 4-6 months, possibly a year, I can’t remember exactly. Our delays were compounded because the Office of the Public Guardian could not read the solicitor’s handwriting, so the forms had to be resubmitted.
    Then sending the forms to the attorneys and waiting for their response probably added a month to the timescale.
    All this was before Covid.
    Getting the POA registered with RBS took about 6-7 months, and it involved a branch appointment. Our branch appointment was about a week before the lockdown.
    Ours took a lot less than that. We didn’t need to use a solicitor. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Took about six weeks for ours from start to finish - no solicitor required....
  • Sorry to hear this

    you could think about getting out of paper and into real tangible things
  • stancrom
    stancrom Posts: 25 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    xylophone said:
    Have you checked the Land Registry entry for the property?
    Is the proprietor shown as the Representatives etc?
    Is the charge  against the property recorded?
    https://www.gov.uk/government/organisations/land-registry

    Were your parents both Representatives?
    No. Just my dad as sole beneficiary of his father's estate
  • lr1277
    lr1277 Posts: 2,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    elsien said:
    lr1277 said:
    Getting POA for my parents took between 4-6 months, possibly a year, I can’t remember exactly. Our delays were compounded because the Office of the Public Guardian could not read the solicitor’s handwriting, so the forms had to be resubmitted.
    Then sending the forms to the attorneys and waiting for their response probably added a month to the timescale.
    All this was before Covid.
    Getting the POA registered with RBS took about 6-7 months, and it involved a branch appointment. Our branch appointment was about a week before the lockdown.
    Ours took a lot less than that. We didn’t need to use a solicitor. 
    My parents wanted to use a solicitor because they were more comfortable with the approach.
    Also it helped because the solicitor was the approved person who said my parents were competent to sign their documents. My dad has a form of dementia, so getting this confirmed was not a given.
  • agent69
    agent69 Posts: 365 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I had a similar situation with my Mum a few years ago.

    She had dementia and deteriorated quickly to the extent that we couldn't get POA because the doctor said she didn't understand what was going on. In the end we went to the court of protection, who can grant the same powers, but a slow process.
  • stancrom
    stancrom Posts: 25 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    stancrom said:
    xylophone said:
    Have you checked the Land Registry entry for the property?
    Is the proprietor shown as the Representatives etc?
    Is the charge  against the property recorded?
    https://www.gov.uk/government/organisations/land-registry

    Were your parents both Representatives?
    No. Just my dad as sole beneficiary of his father's estate
    And Land Registry entry still shows my grandfather's name
  • xylophone
    xylophone Posts: 45,989 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    And Land Registry entry still shows my grandfather's name

    Your father was sole administrator (Personal Representative) and sole beneficiary of  your late  grandfather's estate.  Your grandfather died in 1993. There was an outstanding mortgage on his property.

    Your father took over the payment of the mortgage as PR of his father.

    The property has never been assented or transferred into your father's own name.

    Your mother is consulting a solicitor concerning the repayment of the loan and the  re -registration of the property.

    Ideally it will be re-registered in the names of both your parents on a tenants-in-common basis.
    See my previous post.




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