Hi everyone…any advice welcome.
My dad has just gone to a care home suddenly. He has made a will but no power of attorney ever [POA]? Has lost mental capacity and will not regain. Elderly and frail. Unsure how long he has left. He shared until 6 weeks ago and still legally owns, half a house with his brother who still lives there. Latter have joint bill bank account together but everything else is separate. My dads brother cannot access any of his brothers funds now legally. My dads bank savings is over the £23k amount so this money will provide self funding care fees for about a year. A social worker is allocated but is yet to assess and I’m awaiting contact. I’m as son down as next of kin.. I understand the process of a financial assessment needs to be done and the deferred payments option on the house etc. The main equity is in the house which my dad and her brother share. The care home are asking me to sign forms as I’m NOK and be a guarantor for the fees which I absolutely do not want to do. I have no bank funds to draw on currently at the level of £5 k a month , the care fee, and don’t want to do this even if I could claim bank later as I have my own house and mortgage. My uncle will not go for POA as simply doesn’t want to be involved. My uncle plans to await my dads death and then will sell the home as the will dictates he can do and then only on his death will my dads half of the house be free for inheritance to his grandchildren. Of course if a deferred payment is in place a lot of this will have gone on in care fees. So my question is if neither my uncle nor myself wants POA what will happen. Just to say I’m a trustee of a child’s inner and so have done that for years hence not wanting to take on any more. My uncle states they have taken legal advice and POA is costly and takes more than a year hence them not doing it. Nil was set up re LPA pre my dad losing capacity. Cant believe this is happening. So stressed by it all. I did try to influence my dad when he was CM but he told me not to interfere. My uncle does t want to talk anything legal with me.
Thanks for listening. All advice welcome.
