Joint assets/savings

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  • lisyloo
    lisyloo Posts: 29,615 Forumite
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    It!!!8217;s a flat in a block which changes the risks a bit I.e. chance of anything freezing is minimal but chance of flooding someone below is higher than a house.
    Currently we are visiting regularly (most weekends) as we have been clearing it.
  • I_Love_comps
    I_Love_comps Posts: 2,295 Senior Ambassador
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    Hello lisyloo

    I have to apply for Deputyship for my mother, who is now in a care home , as she has Dementia.

    Steps you should take ( From my experience);

    1. Get a Doctor at your MILs nursing home to write a letter saying that your MIL has lost her capacity, a form will have to be signed by a medical person later on (or agree to sign form when getting deputyship)

    2.Deputyship can take anything up to 6 months ( I used a solicitor and so this was quicker)

    3. Empty properties will more than likely mean more insurance payments needed. Also it does not the mean the present insurer of the flat will want to continue insuring it. - Contact to check this.

    4. If there is going to be difficulty in being able to pay any bills. Contact each company individually , and explain the circumstances.

    5.Care/Nursing Home Fees. If these cannot be paid contact your mils council where the property comes under and explain situation.

    6. Gaining Deputyship is expensive, but yes it will protect your mil.


    Hope you get everything sorted soon and if you need to pm me, please do so.
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  • lisyloo
    lisyloo Posts: 29,615 Forumite
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    Thanks for your kind offer.
    MIL's fees are currently paid for my LA (FIL was living in the flat so it was disregarded).
    I have contacted LA a few times but they have not responded. I believe she's entitled to a 12-week property disregard and I have told them her state pension has increased.
    The LA will have to continue to pay the fees until the flat is sold and she'll have to refund later. There is no other option. We are not holding anything up but as you say the deputyship takes time.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    lisyloo wrote: »
    MIL's fees are currently paid for my LA (FIL was living in the flat so it was disregarded).

    I have contacted LA a few times but they have not responded. I believe she's entitled to a 12-week property disregard and I have told them her state pension has increased.

    The LA will have to continue to pay the fees until the flat is sold and she'll have to refund later.

    The LA will need to set up a 'deferred payment scheme' for this to happen.

    I had POA for Dad so I was able to sign all the paperwork. I'm not sure what will happen in your situation.
  • lisyloo
    lisyloo Posts: 29,615 Forumite
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    Mojisola wrote: »
    The LA will need to set up a 'deferred payment scheme' for this to happen.

    I had POA for Dad so I was able to sign all the paperwork. I'm not sure what will happen in your situation.

    Yes they will have to. There is no option but to wait until the asset is liquidised.

    I think I've done as much as I can by informing them of all the change in circumstance/finances and also sorting out the flat contents, so we are doing everything we can.

    Nursing home are passing forms to GP tomorrow when he does his regular visit.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    OP, be very very VERY careful that the council do not attempt to get you to accept responsibilty for your MILs financial position with them by having you sign documents that end up with you being liable. This is what they tried with me a few years back.

    I'm not saying they will, I'm just saying, be careful. What they wanted me to sign was a document where effectively I agreed I was liable to pay my fathers care home fees, rather than just agreeing I was looking after his affairs.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    I love the idea of putting the house in the blender!!! I think you meant liquidated. You have made my day.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    AnotherJoe wrote: »
    OP, be very very VERY careful that the council do not attempt to get you to accept responsibilty for your MILs financial position with them by having you sign documents that end up with you being liable. This is what they tried with me a few years back.

    I'm not saying they will, I'm just saying, be careful. What they wanted me to sign was a document where effectively I agreed I was liable to pay my fathers care home fees, rather than just agreeing I was looking after his affairs.

    And me!

    You do need to read up in advance and keep your wits about you in meetings.
  • lisyloo
    lisyloo Posts: 29,615 Forumite
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    edited 14 May 2018 at 9:46PM
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    Thanks for the warning. I will read whatever they send carefully.

    I will co-operate with whatever information they want (haven;t hear a peep out of them yet) but Im not taking time off work and travelling across the country for meetings when the facts are extremely simple I.e. theres a property and theres no money.
    This must surely be a common scenario.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    I would also add don!!!8217;t expect the council staff to know the law or apply it correctly. From personal experience,
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