What can we do!!?

royP_2

What on earth can I do?

Situation:

My wife's brother has Parkinson's which means he cannot walk, he cannot write and his speech is virtually inaudible.

He moved to a Care Home in early January.

He has a partner who has not been in touch with him since he went into the care home and she will not let his sister enter their jointly owned home to collect any of his possessions, she says this is advised by her solicitor.

He pays all bills, rates. phone etc.

He has not made any Lasting Power of Attorney's.

Asset's:

He owns one property that he let's out and another jointly with his partner where they both lived.

He a private pension and the state pension.

He has various savings accounts and a day to day account.

Problem:

We urgently need to gain access to the house to collect his clothing and personal paperwork. He has a personal alarm for which he is still paying for and that needs to be returned to the provider.

He cannot pay any bills because he cannot remember any account numbers or passwords therefore is unable to access his finance.

We have been paying his bills up to now but this cannot go on as we will not have the finance!

Help:

Any suggestion as to what we can do?

Savvy_Sue

Have you signed a contract with the care home? If not, stop paying and talk to them about the partner's behaviour. 

Was the local authority involved in your BIL's placement? If so, talk to them.

Google Action on Elder Abuse - they've changed their name but talk to them about the partner's behaviour.

Does he have capacity to now make a Power of Attorney? You should be able to get a home visit to do this. Normally you can DIY but with the added complications, solicitor may be best.

Failing that, you can apply to be his Deputy but that's a slow process.

You may need to get your own solicitor to write to partner. Have you seen the advice she's been given?

If you think he has any joint accounts, it MAY be possible to get them frozen if the institutions involved have reason to believe he's lost capacity. 

You can also register an alert at the Land Registry so you'd know if either property was sold.

How were relationships before his health deteriorated? Is it possible partner is unwell and frightened herself?

royP_2

Thanks for your reply, answers are in bold type to your questions.
I have now written to her solicitor but todate no reply, every door seems closed at the moment.

Savvy_Sue said:

Have you signed a contract with the care home? If not, stop paying and talk to them about the partner's behaviour. YES.

Was the local authority involved in your BIL's placement? If so, talk to them. No.

Google Action on Elder Abuse - they've changed their name but talk to them about the partner's behaviour.

Does he have capacity to now make a Power of Attorney? You should be able to get a home visit to do this. Normally you can DIY but with the added complications, solicitor may be best. He has just started the process but that is going to take months to go through.

Failing that, you can apply to be his Deputy but that's a slow process.

You may need to get your own solicitor to write to partner. Tried that but no reply. Have you seen the advice she's been given? No, only word of mouth

If you think he has any joint accounts, it MAY be possible to get them frozen if the institutions involved have reason to believe he's lost capacity. Do not think there are any joint accounts. 

You can also register an alert at the Land Registry so you'd know if either property was sold. Would that not need his signature as the property is held in joint names.

How were relationships before his health deteriorated? Is it possible partner is unwell and frightened herself?
Relationship seemed to be tense we thought, and yes she also has her health concerns.
We would be willing to help but she just seems to have shut us all out.

Savvy_Sue

I am not sure I can be much more help: since you signed a contract with the care home, then I would guess you are bound by its terms. But do talk to them, and also see if you can contact the Safeguarding team at the local council. 

Action on Elder Abuse is now Hourglass - did they have any helpful advice? 

You don't need your brother's signature to register an alert on a property, you can do it on both of his, yours and up to 7 other properties! https://propertyalert.landregistry.gov.uk/

Do you believe she is still living in the jointly owned property? 

royP_2

Thanks for your comments, I have now registered with the Land Registry and learn that a Solicitor has asked for searches to be done back in early March, therefore I have contacted the Solicitor who has applied for these searches to find out what is going on.
As far as I am aware she is still living in the property.
I am also now written to his bank to see what help they can offer regarding how he can gat at his account.

otb666

As soon as the POA paperwork is signed it comes into effect. Cheap to do approx 75.00 /DIY via gov website