With a 20+ yr age difference my partner and I are not married but for 20 years have been tenants in common. Our Wills state either can remain in the home when one of us dies, then our chosen beneficiaries (children from previous marriages) inherits when the other dies. My partner 20 yrs + pays all the bills. We have a joint bank account that his pensions go into and the bills get paid. I’m noticing he’s repeating himself a lot. Often the same question 3x in an hour, or less. We have no POA in place. It’s been a very very difficult relationship and whilst I work pt now, I’m in my early 60’s and feel fragile and exhausted. Can someone enlighten me as to what the future might hold as things stand and what would be the effect on me if my partner made his daughter POA and not me? - Thank you.
Please help re: unmarried & tenants in common
- Thread starter B00
- Start date
Thank you. I realise she could not affect the wills but me and her father live as husband and wife but I assume she as POA would make all the decisions re: the bills and me drawing money on the joint account etc. It’s like she would be imposing in our house - and I would need her permission, would that be correct? - would I be removed from our joint account?
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An attorney acting because donor has lost capacity cannot delegate power.
The solution could be to change the joint account into two sole accounts with joint expenses being shared.
The attorney could decide that the donor can carry on paying the bills because they can afford it.
He could choose you as attorney and daughter as replacement attorney,
Apologies, this is probably quite simple but not for me!! My partner pays ALL the bills from HIS money that goes into a joint account. I do not contribute to it. My pt work is just pin money. If he becomes mentally incapacitated and his daughter is POA, she can make all the financial decisions and me none? If I’m not contributing financially and we’re not married I’m thinking I could just become an unpaid carer? ?
Thank you. I think it’s going to take a solicitor as you say. I think not being married and not being POA either, doesn’t leave me in a good position. I couldn’t decide to sell the house and his daughter (if POA) could leave me as the carer and if I felt he needed to be in a home she wouldn’t want that as it would eat into her inheritance.
Or civil partnership, either of which would invalidate the wills.
You could use same wording in new wills with a clause that they only come into effect after you marry each other or enter into a civil partnership.
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Maybe a codicil to existing will, ask a solicitor.
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Yes it does invalidate a Will unless you see a solicitor before you marry. Then you inform them of your intentions to marry and you can say what you want to happen with your money when you die. My situation is I own half our house, I’m not wanting to inherit his half of the house but want to be financially secure and make the decisions whilst we’re together (should he become mentally incapacitated). Long story short , he will only marry me but he won’t enter a civil partnership.
I would do as suggested and see a solicitor - who knows this area. Although we are married and have LPA’s I know when the time comes my stepdaughter will make things as difficult as possible so if there’s any suggestion if that’s get as much sorted as you can now before they can suggest that he doesn’t have capacity. Our solicitor engaged a doctor to advise whether he had capacity and this is kept in file with wills and LPAs.
