Father recently has died,mother has dementia. No Power of Attorney. Your help please.

[dgs]

Our 92 year old father passed away the other day in hospital after a short illness and our mother (91)is currently in a dementia care home which is fee paid for the first 12 weeks but will be moved into a private fee paying one in about 6 weeks.
There is three of us (2 brothers and a sister) and there is no power of attorney.
Our parents house (approx. value £345000) is now empty and they took out a type of home reversion scheme a good few years ago and money owed on that is approx £140000 total.
Obviously we will have to instruct a solicitor now to manage on behalf of our mother.
Don't really know where to start?
Are all solicitors roughly going to do the same job and charge the same fees?
Any help or advice or tips on the best way forward on this would be appreciated, especially from anybody that has been in the same situation.

[enaid]

Re: Father recently has died,mother has dementia. No Power of Attorney. Your help ple

Hi,
So sorry for your loss it's a very sad time and not helped by things you have to sort out while grieving.
You and your siblings can apply to become Deputies and take control of your mums finances and welfare, you apply to the Office of Public Guardian info https://www.gov.uk/become-deputy/overview This is if your mum has lost capacity ( I presume she has, although if this is not the case a LPA can be applied for) being a deputy is very much like a LPA but stricter rules are in place and accounts need to be kept to satisfy the OPG you are looking after her finances in her best interest.
The home reversion is that like an Equity release scheme?

[nemesis45]

Re: Father recently has died,mother has dementia. No Power of Attorney. Your help ple

Our 92 year old father passed away the other day in hospital after a short illness and our mother (91)is currently in a dementia care home which is fee paid for the first 12 weeks but will be moved into a private fee paying one in about 6 weeks.
There is three of us (2 brothers and a sister) and there is no power of attorney.
Our parents house (approx. value £345000) is now empty and they took out a type of home reversion scheme a good few years ago and money owed on that is approx £140000 total.
Obviously we will have to instruct a solicitor now to manage on behalf of our mother.
Don't really know where to start?
Are all solicitors roughly going to do the same job and charge the same fees?
Any help or advice or tips on the best way forward on this would be appreciated, especially from anybody that has been in the same situation.

Good afternoon, welcome to LB,

I'm sorry to hear of your loss!

Find a local solicitors, stay away from the " ambulance Chaser " type firm.

Fee's and disbursement will be dependant on how much work has to be done,
get a quote/estimate from a couple of firms.

nem

[enaid]

Re: Father recently has died,mother has dementia. No Power of Attorney. Your help ple

You need to have a good luck at the T&Cs on the reversion scheme it may be the house will now have to be sold even if in joint names , if one partner dies and the other moves out. You say your mum is going to have to start paying for her care and all her assets will have to be declared info on care home http://www.ageuk.org.uk/home-and-car...ial-care2/fees

[dgs]

Re: Father recently has died,mother has dementia. No Power of Attorney. Your help ple

Thankyou for your reply ................................ yes she has lost her capacity, there are 3 of us (siblings) and it was just going to be myself and my brother as deputies but our sister feels that if we are that she should be as well? so there will be 3 deputies.
It was a type of equity release that was taken out and obviously the longer you live the more interest there is to be paid on the initial loan. (in this case £60000 on top of the original £80000)
1. What sort of amount is payable to the solicitor at the end of it all?
2. As it stand the house cannot be sold at the moment probably for a few months, would it be best to maybe rent it out for the time being?

[enaid]

Re: Father recently has died,mother has dementia. No Power of Attorney. Your help ple

[QUOTE=dgs;610693]Thankyou for your reply ................................ yes she has lost her capacity, there are 3 of us (siblings) and it was just going to be myself and my brother as deputies but our sister feels that if we are that she should be as well? so there will be 3 deputies.
It was a type of equity release that was taken out and obviously the longer you live the more interest there is to be paid on the initial loan. (in this case £60000 on top of the original £80000)
1. What sort of amount is payable to the solicitor at the end of it all?
2. As it stand the house cannot be sold at the moment probably for a few months, would it be best to maybe rent it out for the time being?[/QUOTE


As I said it all depends on the T&Cs, they may stipulate it must be sold, it may also say it may not be rented out, you need to read the terms thoroughly.
Are you asking solicitors fees to apply to be deputies?
The costs for a professional to be a deputy are fixed here is an example https://www.judiciary.gov.uk/wp-cont...Protection.pdf
The cost to do it yourself are all in the link above on how to apply.

[dgs]

Re: Father recently has died,mother has dementia. No Power of Attorney. Your help ple

Thanks for your reply
On the subject of deputies, my brother did say that we would have to pay a fee of £400 each?
But he did say that we would be able to claim it back. is this correct?

[enaid]

Re: Father recently has died,mother has dementia. No Power of Attorney. Your help ple

I am unsure if it £400 per deputy or per application the money can be taken out of your mums money.
All fees as you have to pay a yearly fee too and all exemptions are listed on here https://www.gov.uk/become-deputy/fees