Wills, inheritance and dementia; Help found now thanks.

[artfuldodger]

I’m assuming it’s your stepfather? Are you sure he doesn’t have a will somewhere?

 

[denislawsbackheel]

Dennis. I can assure you and other readers from recent personal experience that it has become easier to get round the full capacity problem. Reread the link I posted.

Just read it, found nothing that contradicts any legal advice I received or anything I said.
Perhaps you could enlighten us because you could save me a lot of time and money trying to sort out a relative myself.

 

[Alan Harper's Tash]

You don’t need one.
It’s bleeding obvious if you read the relevant govt guidance.
You may know nothing about it others do.

Karen advised him to go to the CAB.

Not sure why she is dismissing other viewpoints by suggesting going to a solicitor.

The CAB will help has much as we are doing by researching online and prior knowledge from personal experience.

 

[kaz7]

You don’t need one.
It’s bleeding obvious if you read the relevant govt guidance.
You may know nothing about it others do.

My brother was power of atorney for my mum so i know something more than google, every case is different and he needs face to face advice not googling and giving him no hope

 

[BeerIsTheBest]

Just read it, found nothing that contradicts any legal advice I received or anything I said.
Perhaps you could enlighten us because you could save me a lot of time and money trying to sort out a relative myself.

Hey DennisLB

in my case I applied to the Court of Protection to become their deputy in order to make decisions on their behalf. The application succeeded. I did get some professional help.

 

[denislawsbackheel]

Exactly what I posted in my first post.

 

[Mr Kobayashi]

Karen advised him to go to the CAB.

Not sure why she is dismissing other viewpoints by suggesting going to a solicitor.

The CAB will help has much as we are doing by researching online and prior knowledge from personal experience.

Yep and even if the CAB were open it would be a waste of their time and resources.

When I was involved with pro-bono work at the university, from what the project leader told me it was evident that quite a few people who had the resources to pay for their own legal services were using free services.

A woman who with her husband was staying in £3000 a month rural property in west country.

Less informed people closer to the poverty line were more likely to have not even been aware of the existence of these services.

Not intended as dig at @stonerblue, but I'm guessing if his mother's assets are worth the time worrying about, he can front up the cash for initial legal advice from a wills and estates solicitor.

 

[Alan Harper's Tash]

Yep and even if the CAB were open it would be a waste of their time and resources.

When I was involved with pro-bono work at the university, from what the project leader told me it was evident that quite a few people who had the resources to pay for their own legal services were using free services.

A woman who with her husband was staying in £3000 a month rural property in west country.

Less informed people closer to the poverty line were more likely to have not even been aware of the existence of these services.

Not intended as dig at @stonerblue, but I'm guessing if his mother's assets are worth the time worrying about, he can front up the cash for initial legal advice from a wills and estates solicitor.

Definitely and it’s worth getting your parents to sign over their house to their kids 7 years before their deaths to avoid taxes etc. It could even be on an open ended tenancy if they’re scared of being chucked out.

 

[denislawsbackheel]

They’d have to pay market rents and the kids declare it as income.
And pray the kids don’t divorce before they snuff it.
But to be honest with the current IHT allowances of up to a million if a property is part of the assets left to kids or grandkids why bother?

 

[Mr Kobayashi]

They’d have to pay market rents and the kids declare it as income.
And pray the kids don’t divorce before they snuff it.
But to be honest with the current IHT allowances of up to a million if a property is part of the assets left to kids or grandkids why bother?

Seem to be good grounds to say that might would create a constructive trust for their lifetime or a more definite period if that's what was discussed. Would be a stumbling block to the house being considered part of matrimonial assets during divorce proceedings whilst the parents were alive and still had a beneficial interest in the property.

Good point. To avoid care costs would seem to be the only logical explanation.