Court of Protection guardianship application

msb1234

I’m currently applying to the COP for guardianship for my step father. He has been assessed by mental health team and is deemed to lack capacity for any decisions. A DOLS assessment has been completed. 
I am wanting to manage his financial affairs so that the bank will allow me to sort payments to his care home, and also to be able to sell the property that he has a lifetime interest in that was my mum’s and his owned as tenants in common, which he owns 20% and the remaining 80% shared between him, me and my 3 siblings. This will enable us to pay off the lifetime mortgage and release some money to pay towards his care.
looking at the application form, I know I’m applying to be appointed his deputy form property and affairs, but do I also need to apply in relation to the discharge of a trustee because of the TIC business and lifetime interest in the property? So thats the COP 1A form and the COP 1D or COP 12 forms?

SeniorSam

Do be careful here, as the terms of the Will my require that the money from the sale  of property cannot be distributed during the lifetime of your Father.  The fact that there is 80% owned by your late Mother does not necessarily mean that it can be distributed and it may be called upon for Care costs.

If the executors get this wrong, they could be acting unlawfully, so do check the Will wording. It may also be very relevant as to the time that the Wills were made in relation to the care cost. Ask for professional help if you are unsure.

msb1234

As the will had an address of a different property in it, this part failed. I did seek legal advice at the time and was told that because this part failed, the trust also failed as it was linked to a specific address that she no longer owned. So the will just gives him a 20% share of her ‘estate’. There is a separate document that mum had drawn up last year giving him a 20% TIC share of the current property. Up to last year, the property they lived in was always in her name only as she bought her houses from the proceeds of her divorce from my father.

The will was written 15 years ago. His 20% from the estate plus his 20% TIC share will be used to pay his care costs.