Court of protection and DMP?

MUMMYMOO_4

Help! Not been around for while ~ here's why. dad in law recently diagnosed with rare form of dementia ~ needs to go in to care etc. Part of the condition is he doesn't undertstand this and therefore won't agree to granting OH power of attorney so he has been advised to apply for Court of Protection which will give him toal control over his dad's financial affairs (there is property, a pep, stock and shares etc). We know that everything is his dad's and it will all go in time in paying his care fees but can OH's creditors touch this money? As far as I know, everything will still be in dad's name but with the OH's attached as 'deputy'
Any advice gratefully received.
Thanks
MUMMYMOO

tyllwyd

I'm sorry to hear that your Father in Law is ill.

I'm not a lawyer, but I don't think there would be any question of your OH's creditors having any claim on your FIL's money - in fact, I think it would be the opposite, if he tried to pay any of his own debts with that money without your FIL's consent (which I'm sure he wouldn't, of course!) it would be fraud (or theft, or something - not good, anyway!).

They've got a helpline and a website
http://www.publicguardian.gov.uk/about/court-of-protection.htm
- before you do anything, it would be a good idea to speak to them and see if they have any helpsheets etc so that he
will know exactly what responsibility he would be taking on.