A Nightmare scenario

StevieD54

My sister has passed away suddenly earlier this week.  I expect a death certificate to be issued next week.  Her husband is currently in a care home with dementia, he’s physically ok, just forgetful.  Her 33 year old son has autism, and has a support team who take him out to various activities each week in his Mobility scheme car. I have POA for him. She has basically run the household for years and dealt with all the bills (water, gas, council tax,Tv package etc) My nephew will continue to live in the house, he’s basically on his own now of course, and we think this can continue, as his care team are excellent and call in twice a day on days when he’s not out and about. He can do washing, hoovering etc no problem.

My main worry is this ………how on earth can all those household DD’s continue to be paid when her account is frozen, something I expect will happen next week.  The obvious option would be to transfer those DD’s to her husband’s account, but I don’t have the power to do that.  Only she had POA for him.  However, I’ve just read about something called Court of Protection for emergency situations.  Any snippets of info/advice very much appreciated x

elsien

I am sorry for your loss. 

The direct debits can’t continue to be paid - as soon as the bank are aware that she has passed away, they will freeze the account.
As her son will presumably now need to transfer all the bills into his own name anyway as the sole occupier, at least the day to day  ones, he should take readings for all the utilities and then potentially contact the bereavement teams for each one so it is clear when the responsibility transferred over to him.

Did she have a will and does the house passed to her husband or to her son or both - joint ownership or tenants in common?


You are thinking of a deputyship order via the court protection which is going to be needed if there is no LPA for the husband however as he is not living in the property it would not be in his best interests to continue pay the water, the gas, the council tax, TV package et cetera. I think you’re going have to do a budget for her son at some point given the new circumstances and he may need to re-look at the benefits he is claiming to see what he can now afford to keep on. As the property owner the husband will still need to sort out buildings insurance, maintenance et cetera - or that being done on his behalf - but not the daily living costs when he’s not there.

 https://www.gov.uk/become-deputy

The circumstances may qualify for making an urgent interim application, particularly if the husband also has care home fees that he needs to pay but you might want to  check that out with a solicitor. If the court feels there is no urgency, you will just have to go for the deputyship, which will take months. 
https://www.gov.uk/emergency-court-of-protection

Keep_pedalling

Had she made a will? 

StevieD54

“her son will presumably now need to transfer all the bills into his own name anyway as the sole occupier”
That’s the big problem…… he is not capable of doing that. She has left a will, and her husband is the sole beneficiary of her property and assets. It was made 5 years ago, when they were both fit and healthy. The family house is currently in her name only. Her husband hasn’t now got the mental capacity to do anything useful unfortunately.

I will take your advice about taking utility readings and contacting the relevant bereavement teams for each utility.
Thanks both.

elsien

No, but you said you have power-of-attorney for the son so you can do those things on his behalf. 

The house is protected from care home fees while he is living there because of his disability.

But if the husband is the sole executor of the will then it’s going to need the financial deputyship for someone to deal with that and all his other financial affairs on his behalf. Does he have direct family who would be willing and able to take that role on? Otherwise if there is no one then social services would need to get involved to make the relevant referrals - I’m presuming that you understandably already have enough on your plate
without wanting to take that role on as well.

As things stand no one can access his bank account or any other assets  if he lacks capacity around his finances. 

StevieD54

When you said “the husband is the sole executor of the will”, did you mean sole beneficiary? He is not an executor. There are 4 executors, myself, her husbands son by a previous marriage, who helpfully lives in Canada!, and 2 of their close friends. As there is dementia and autism involved, you would think there is urgency, so possibly the Court of Protection would be an option.

thanks again 

DippySkippy

I wouldnt inform the banks until after you've switched the DDs

elsien

DippySkippy said:

I wouldnt inform the banks until after you've switched the DDs

They can’t just switch the direct debits. Firstly because the husband doesn’t have the capacity to do that and no one has authority to do it for him. And secondly, because there is no justification for the husband paying all the running costs for a house he doesn’t live in. 

Sorry,OP, I misread about the executors.  It doesn’t make a huge amount of difference though because he still can’t sign for anything as a beneficiary and he’ll still need someone to manage the inheritance for him. 

Can I also add that a little bit further down the line your nephew might need another reassessment from social services. His mum was may well having being helping with things day to day, and the two support worker calls  a day might not be enough to meet that in the longer term. 

I know you have other priorities with your bereavement being so recent but I’m just mentioning it because local authorities do have quite a long waiting list unless it’s an emergency so putting him on their radar sooner rather than later if you think that might be needed.

Flugelhorn

StevieD54 said:

When you said “the husband is the sole executor of the will”, did you mean sole beneficiary? He is not an executor. There are 4 executors, myself, her husbands son by a previous marriage, who helpfully lives in Canada!, and 2 of their close friends. As there is dementia and autism involved, you would think there is urgency, so possibly the Court of Protection would be an option.

thanks again 

don;t worry about the exec living in canada - they can reserve their rights, ie allow others to do the work without them. re court of protection - this is a long slow process - won't help you in this case .

the bank will stop the DDs and the utilities will take money from whoever is happy to sign up - preferably the son who is living there 

Sea_Shell

Sorry for your loss.

If the father, who has dementia, will become the sole owner of the house (estate), as he's  not resident, does that now make him an "accidental landlord" or not.  Given that it's his son who is now the sole occupier?

Also, would the house still be exempt from dad's care fee assessment because the 'tenant' is dependent family?

Sea_Shell

Just to be clear, is the autistic son, the son of the father with dementia, or the son of your sister from a previous relationship?

(Just because you mention the dad's previous relationships)