Care Funding

KittyMac

Has anyone enlisted a third party help (solicitor) to handle a funding claim for care with the council when the two Attorneys do not agree on whether to go for Deferral Agreement or Letter of Undertaking? One lives in the property and refuses to pay rent under a Deferral but refuses to go for the Letter of Undertaking. The POA is joint and several but I have been told with property matters you need to be in agreement.

Keep_pedalling

Oh dear! This could become expensive. Has the attorney living in the house always lived there or is this a more recent thing? 

One of the attorneys is not acting in the best interest of the donor so they really need to be removed. I would be calling the OPG to ask for advice. 

KittyMac

Thank you - it has been put into the hands of the OPG now. He has lived there for about 15 years and paid very intermittent rent but it is a four-bedroomed £2500 a month house and he is a single man so it really is a bit much to expect the taxpayer to fund his housing indirectly in this way. And a huge dent in mum's assets each month going missing. Age UK helpline worked really well today.

Keep_pedalling

KittyMac said:

Thank you - it has been put into the hands of the OPG now. He has lived there for about 15 years and paid very intermittent rent but it is a four-bedroomed £2500 a month house and he is a single man so it really is a bit much to expect the taxpayer to fund his housing indirectly in this way. And a huge dent in mum's assets each month going missing. Age UK helpline worked really well today.

Sounds like a freeloading waster, I feel for you.

Sea_Shell

How old is the resident PoA?

KittyMac

Sea_Shell said:

How old is the resident PoA?

He is nearly 59

Sea_Shell

KittyMac said:

Sea_Shell said:

How old is the resident PoA?

He is nearly 59

So the house can't be disregarded for fees, which it probably could if he was over 60.    But you probably already knew that!

Do you think he's he planning on dragging this out until he turns 60 and the house could then be disregarded???  Is he her son?

He really needs to get on board with what is in the best interests of the donor, or be removed as an attorney (which you may now have in hand)

KittyMac

Sea_Shell said:

KittyMac said:

Sea_Shell said:

How old is the resident PoA?

He is nearly 59

So the house can't be disregarded for fees, which it probably could if he was over 60.    But you probably already knew that!

Do you think he's he planning on dragging this out until he turns 60 and the house could then be disregarded???  Is he her son?

He really needs to get on board with what is in the best interests of the donor, or be removed as an attorney (which you may now have in hand)

Yes thats what I think he hopes will happen.