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Legal, pensions and money

Power of attorney query

(35 Posts)
Blondiescot Thu 27-Apr-23 14:51:36

This is actually really helpful to me too. My husband has POA for both his parents, who are now in a nursing home. The home has provided him with forms to fill in, which ask him to act as guarantor. Right away that rang alarm bells with me and I told him to be extremely wary of signing anything along those lines - and this thread has confirmed my concerns. I know I certainly didn't have to do anything like that for my late mother, although that was a few years ago now. So thank you ladies, that has helped us enormously. I hope this thread also proves useful to the OP.

Germanshepherdsmum Thu 27-Apr-23 13:26:16

You may find this helpful Maybelline.
www.gov.uk/become-deputy

Allsorts Thu 27-Apr-23 13:17:43

Do not act as guarantor.Care home should not have asked you. Protect yourself.

Germanshepherdsmum Thu 27-Apr-23 13:14:07

Sago and Caramme are correct. Your father is now mentally incapable of granting a power of attorney so getting deputyship is the way to go. You can do it yourself online as Sago says. I see no point in consulting Citizens Advice.
Do not agree to be guarantor for your father’s fees. You are not liable for them - becoming a guarantor would make you liable. This sort of action by care homes is despicable.

Fleur20 Thu 27-Apr-23 12:34:58

Just to emphasise.. you are not responsible for your fathers care home costs.. they will get their money from his estate .. in time.
Under no circumstances agree to be guarantor.. it is dimpky mot necessary.

Caramme Thu 27-Apr-23 11:39:01

As your father no longer has capacity you can no longer apply for POA or LPA, but would have to go through the Court of Protection if you wanted to take control of your father's finances. The one thing I would strongly advise is not to let the care home persuade you to act as guarantor, they have no legal right to do that and you could end up seriously in debt. Other than that, as others have advised, seek professional help.

Blondiescot Thu 27-Apr-23 10:55:11

Going to the CAB for advice is definitely a good place to start, but you may find that you will end up having to consult a solicitor. These things can be incredibly complicated. I went through it all with my own mother and my husband is now going through it with his parents.

annodomini Thu 27-Apr-23 10:48:37

i recommend an appointment with your nearest Citizen's Advice Bureau. This is the kind of issue they frequently have to untangle. Alternatively, Age Concern have advisers who can help you through this maze.

Sago Thu 27-Apr-23 10:46:05

I was in a similar position.
You apply for a deputyship through the Court of Protection.
I did the form myself rather than paying a lawyer £800.
It took me a couple of days, it’s not easy but perfectly doable if you take it in bite size chunks.
It took about 3 months to come through and made my life a lot easier.
You do not become liable for anything it just gives control.
I think you should get this in place should your Uncle lose capacity too.

Maybelline1234 Thu 27-Apr-23 10:16:15

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.