Deceased uncle & aunt in a nursing home

[Leah3110]

Hi
My uncle (by marriage) died recently and his wife, my aunt has been placed in a nursing home with Alzheimer's.
I've recently learnt that my uncles brother has instructed his solicitor to deal with the pensions, house, savings and also applying for deputy appointee ship to take full control of everything.
I visit my aunt who has no spending money, clothes, toiletries etc and I've therefore handed money over and purchased lots of clothes, paid for hairdresser etc.
My uncles brother simply tells the home to bill the solicitor even though he's obtained a key to access their home.
At the funeral he excluded myself and brother, ignored everyone who attended and attended the private committal.
Nobody in the church even knew he had a brother and the vicar advised me to contact a solicitor as he has no right to control my aunts finances etc.
I'm worried that he'll access the property and dispose of items of sentimental value, photographs etc. He won't engage and speak to me.
Any ideas guys as to what I should do
Thanks in advance

[enaid]

Re: Deceased uncle & aunt in a nursing home

Hi, what a totally unacceptable situation for your aunt.
No matter if LA or self funding , she is allowed £24.90 per week to cover any personal items, I would take this up with the nursing home.
Is there any Power of attorney in place?
If you don't know you can find out HERE
If there is an LPA in place then they do have a right to control your aunts finances, but if this being abused things can be done.
I suggest one step at a time, find out about any LPA and then maybe we can take it further.
Enaid x

[Leah3110]

Re: Deceased uncle & aunt in a nursing home

She's self funding!
Some years ago, my aunt told me who her solicitor is and told me straight how her finances were in order and should anything happen, to contact them.
My uncle had POA until he died and his brother now wants full control. She's my aunt, why should he control everything.
Should I instruct a solicitor for my aunt, even the vicar from their local church (where they attended for over 50 years, had no knowledge of uncle having any family) has told me to seek legal advice

[wales01man]

Re: Deceased uncle & aunt in a nursing home

Contact the Solicitor for advice then go from there from here it stinks

[Leah3110]

Re: Deceased uncle & aunt in a nursing home

Does my uncles brother have any right in making any decisions particularly around my aunties care?
He's behaved in a manner that suggests he's not acting in the best interest of my aunt. He knew she had only a carrier bag of clothes and I told his solicitor that more was urgently needed where he accessed the house and brought another small bag. This is why I've had to buy her some new, pay for her trip & her hair done every week!

[charitynjw]

Re: Deceased uncle & aunt in a nursing home

https://www.gov.uk/lasting-power-attorney-duties

[enaid]

Re: Deceased uncle & aunt in a nursing home

She's self funding!
Some years ago, my aunt told me who her solicitor is and told me straight how her finances were in order and should anything happen, to contact them.
My uncle had POA until he died and his brother now wants full control. She's my aunt, why should he control everything.
Should I instruct a solicitor for my aunt, even the vicar from their local church (where they attended for over 50 years, had no knowledge of uncle having any family) has told me to seek legal advice

Your uncle had POA for your aunt ? If no replacement attorney was named to take over then a new LPA can be done if your aunt still has mental capacity.
If your aunt no longer has mental capacity then you could apply to be her deputy info about that HERE
In either case I would contact your aunts solicitor with your concerns.

[ostell]

Re: Deceased uncle & aunt in a nursing home

You can't do a lot without finding out what the situation actually is. As suggested find out if a LPA exists and find out what was in your uncles will.

My wife has been through this sort of thing when her uncle died. The son, my wife's cousin, had an LPA for finance only though he liked to tell people it covered evverything, was the sole beneficiary in the will but didn't want to spend any money on his mother's care as it would reduce the nest egg he would receive when his mother died. He was another one that tried to stop people coming to his father's funeral. This was by telling other relatives that the funeral had been double booked. The Aunt was moved into a care home without the other members of the family being made aware where she was and gave instructions to the care home not to discuss with anyone else if she was there, She died earlier this year and the relative were not told and only found out with a call to the aunt in the care home. Even the funeral directors had been told not to discuss if they had handled her funeral.

Get social services involved in the matter of care for your aunt. They have great powers and if not getting anywhere get the Care Quality Commission involved.

[Leah3110]

Re: Deceased uncle & aunt in a nursing home

There is no LPA, and his will hadn't been witnessed therefore invalid.
The uncles brother wasn't in their lives for as long as I've been alive.
A rift years ago divided the family but he's suddenly reappeared
He had a private assessment carried out whereas I am in touch with social services

[enaid]

Re: Deceased uncle & aunt in a nursing home

There is no LPA, and his will hadn't been witnessed therefore invalid.

I would suggest then you speak to her solicitor about getting one or being a deputy as said in post 7

[Leah3110]

Re: Deceased uncle & aunt in a nursing home

It's not my aunts solicitor, when I tried to tell the brother how aunty has her own solicitor he stated how his was dealing with everything and said it was none of my business.
Fortunately the people who knew my aunt and uncle for years, didn't know my uncle had a brother but they all knew me.
Oh and his solicitor isn't adhering to my uncles will where what he was leaving people was carefully thought through. It seems like he wants the lot and doesn't care about my aunt or her wellbeing! 😡

[Leah3110]

Re: Deceased uncle & aunt in a nursing home

Oh and there was no mention in the will of his brother being a beneficiary.
He's got keys for the house and wouldn't allow me in to get clothes for my aunt which is why I've been out and bought her some

[ostell]

Re: Deceased uncle & aunt in a nursing home

If the will was invalid then, basically, the estate passes to your aunt and your uncle does not get anything (with reservations). If you can get control of your Aunt's affairs then you have control and can get into the house and can tell his solicitor to get lost.

How did he get control of the keys?

If you haven't done it already write to the Uncle's solicitor and ask on what authority has the uncle taken it upon himself to deal with these matters. I found that this action worked wonders as they then knew they couldn't bluff their way through it. Get you aunt's solicitor to take over control. As you Aunt is the beneficiary then that would be the logical choice.

[Openlaw15]

Re: Deceased uncle & aunt in a nursing home

Hi
My uncle (by marriage) died recently and his wife, my aunt has been placed in a nursing home with Alzheimer's.
I've recently learnt that my uncles brother has instructed his solicitor to deal with the pensions, house, savings and also applying for deputy appointee ship to take full control of everything.
I visit my aunt who has no spending money, clothes, toiletries etc and I've therefore handed money over and purchased lots of clothes, paid for hairdresser etc.
My uncles brother simply tells the home to bill the solicitor even though he's obtained a key to access their home.
At the funeral he excluded myself and brother, ignored everyone who attended and attended the private committal.
Nobody in the church even knew he had a brother and the vicar advised me to contact a solicitor as he has no right to control my aunts finances etc.
I'm worried that he'll access the property and dispose of items of sentimental value, photographs etc. He won't engage and speak to me.
Any ideas guys as to what I should do
Thanks in advance

Hello Leah

Sorry to hear of your situation. No person can deal with another person's estate (everything they owned or had an interest in prior to their death), or where the person is no longer able to look after their own affairs including financial (unless they have the legal authority to do so). You said your uncle had power of attorney until he died. What did he actually write in his Will and did he himself sign it (regardless of whether there were any witnesses). It's not about the Will being valid it may give some instructions of his intent to care for his sick wife when he died. Did he for example give power of attorney to other family members including this brother (your other uncle). The other matter is as there was no lawful Will your uncle died intestate (ie no Will). Regardless, if he had a joint tenancy ownership (ie owned the property between him and his wife), the property passes on death to the spouse, ie your aunt. Bank accounts? If jointly owned (ie in both names), it all goes to the spouse, ie your aunt. All other things will be subject to the intestacy rules, usually.

No person can deal with a person's estate including any solicitors without legal authority. The solicitor (his brother's) equally cannot take control of your aunt's affairs unless he has been granted power of attorney. So no person should be controlling the interests of the property unless they have the legal authority to do so. The power of attorney has been granted to your deceased uncle so it should be just a case of transferring it to someone else, as the power of attorney has already adjudged your aunt to be incapacitated in mind, ie affected by Alzheimer's. She does not need capacity again to transfer power of attorney as that would be unreasonable as well as impractical. The solicitor may be in the process of doing it or already has applied for a transfer in power of attorney, that is through the unreasonable brother (of the deceased) request/ instruction. If this unreasonable uncle removes anything from the family home, it's likely breach of trust - ie your aunt's estate (through POA) can sue said uncle for damages. It is potentially a criminal offence too.

[Leah3110]

Re: Deceased uncle & aunt in a nursing home

my aunt had her own solicitor where her title deeds were kept along with her will.
my uncle had a will, not witnessed and I've no idea what it read as myself or brother haven't had sight of it.
I believe my uncle's brother's solicitor has already changed the name on the title deeds but made no contact with my Aunt's solicitor.
an unwitnessed will was also found in the house done by my aunt but as far as i'm concerned, her original is still with her solicitor.
from what I've been told, none of my uncle's wishes are being carried out and the solicitor is acting upon my uncle's brother's directions.
neither myself or brother are allowed into the house to even get clothes for aunty and clearly uncle's brother can't be bothered or he'd have done so by now.
can I apply for POA to ensure all her benefits, pensions etc are in place and paying for her care?
what if the solicitor acting for my uncle's brother has already instructed him to do this?
there is no communication between myself and uncle's brother as his attitude and refusal to engage a few weeks ago made his position clear.
do I instruct a solicitor to take over my aunt's affairs as I feel all that's being done, is not entirely for my aunt's benefit.
I am fully aware my aunt had separate accounts to my uncles as that's the way she was which she did for a specific reason, that being to prevent uncle's estranged family from ever getting their hands on anything. That was always made clear to me, from my aunt. unfortunately, I cannot prove that as she never placed it in writing.
I'm in an awful situation where our views or opinions aren't important.