Deed of Variation for someone mentally incapacitated

Drumpound

naedanger said:

Is your mother currently living in the property she is about to receive as an inheritance? 

If not then I don't really understand why the money she inherits isn't just used to pay for the carer as the care is provided.
I also don't understand why the £350,000 cannot pay for seven to eight years of care at £45,000 p.a.

[At the moment without further explanation I would be of the view the deed of variation is not in your mother's best interests as there seems to be better ways of financing the care you wish to provide for her.]

You are right,  my assertion is wrong, regarding the length of pay. Its just confused the main question. 

Drumpound

naedanger said:

If you get more information that changes what you think is being proposed (or your opinion) then you could post again with the new information.

Yes, I  will do.
I am due to have a conference call with the solicitor in question. I would be amazed if he can convince me with a sufficient legal counter argument. 
If they do, I  most certainly will post, for everyone's info.

naedanger

Drumpound said:

naedanger said:

Is your mother currently living in the property she is about to receive as an inheritance? 

If not then I don't really understand why the money she inherits isn't just used to pay for the carer as the care is provided.
I also don't understand why the £350,000 cannot pay for seven to eight years of care at £45,000 p.a.

[At the moment without further explanation I would be of the view the deed of variation is not in your mother's best interests as there seems to be better ways of financing the care you wish to provide for her.]

You are right,  my assertion is wrong, regarding the length of pay. Its just confused the main question. 

What all is your mother inheriting?
Is the house she is inheriting currently worth £350,000?
Is she inheriting any other assets or cash?
Where is you mother currently living? And does she own her current house?
Has your mother any other significant assets (excluding the inheritance)?

naedanger

Drumpound said:

naedanger said:

If you get more information that changes what you think is being proposed (or your opinion) then you could post again with the new information.

Yes, I  will do.
I am due to have a conference call with the solicitor in question. I would be amazed if he can convince me with a sufficient legal counter argument. 
If they do, I  most certainly will post, for everyone's info.

Who is the solicitor actually working for? Is it the executors of your mother's late aunt? And if so do you know who are the executors?

Also do all four siblings have joint Power of Attorney for your mother?

Drumpound

She will just be inheriting a house worth £350k, nothing else. However,  it does have paying tennants in.
She has approx £2k cash reserves.
She doesn't own the property she lives in.
She prefers to stay in her current property and receive family care in her famiiliar surroundings. Its very difficult to persuade her to leave her house.

getmore4less

Makes no sense what is the DOV going to do. 

If the house is not sold who is supplying the cash while it appreciates? 

What is happening to the house while it appreciates? 

Drumpound

naedanger said:

Drumpound said:

naedanger said:

If you get more information that changes what you think is being proposed (or your opinion) then you could post again with the new information.

Yes, I  will do.
I am due to have a conference call with the solicitor in question. I would be amazed if he can convince me with a sufficient legal counter argument. 
If they do, I  most certainly will post, for everyone's info.

Who is the solicitor actually working for? Is it the executors of your mother's late aunt? And if so do you know who are the executors?

Also do all four siblings have joint Power of Attorney for your mother?

The solicitors are not the executor, my mother actually is, but one of us has gained the relevant authority to act as the executor. 
The other benefactors in the will are charities getting the rest of the estate. 
Only 1 power of attorney. 
The solicitor is someone whom has done work for a siblings partner in the past.
They have run the topic of discussion past them casually. 
I am yet to understand their area of expertise,  but have that as one of my questions that I have prepared, when I have the more formal conference call.

Drumpound

getmore4less said:

Makes no sense what is the DOV going to do. 

If the house is not sold who is supplying the cash while it appreciates? 

What is happening to the house while it appreciates? 

Retrospective payment for the care to the family member, after my mother eventually passes.

Drumpound

The house remains rented out, to cover my mothers living costs, where she is.

naedanger

Drumpound said:

She will just be inheriting a house worth £350k, nothing else. However,  it does have paying tennants in.
She has approx £2k cash reserves.
She doesn't own the property she lives in.
She prefers to stay in her current property and receive family care in her famiiliar surroundings. Its very difficult to persuade her to leave her house.

My guess is what is being proposed it to help hang on to the house, which will be more for the benefit of your mother's heirs rather than your mother .  

Could it be that the solicitor is proposing that a deed of variation be made to your mother's will in the future after she dies? (I was assuming the deed of variation was to your mother's late Aunt's will.)