Advice

[secretangel]

Hi all,
Unfortunately my father was hospitalised with pneumonia, it was initially a flu which got out of control then turned to this.
He can no longer converse ( unconscious or in a coma at present). They discovered he had a stroke whilst still fighting the above condition in hospital.
His spouse is not interested and my siblings and I have POA which was drafted a couple of years back
We are considering selling his property that he resided in with his spouse. She has family near by and agreeing some percentage of the sale for her even though she didn't had any money to the purchase of this property or anything else financial. It is solely in my father's name.
We are considering if he survives he may need long term care and this will cost.
Can we proceed?

 

[nitram]

Assuming he lacks capacity and is permanent care with no further need of the house to live in it will be in his best interests to sell it to provide funds to pay the care fees and you can use your registered POA to sell the house.

 

[Chizz]

Hi all,
Unfortunately my father was hospitalised with pneumonia, it was initially a flu which got out of control then turned to this.
He can no longer converse ( unconscious or in a coma at present). They discovered he had a stroke whilst still fighting the above condition in hospital.
His spouse is not interested and my siblings and I have POA which was drafted a couple of years back
We are considering selling his property that he resided in with his spouse. She has family near by and agreeing some percentage of the sale for her even though she didn't had any money to the purchase of this property or anything else financial. It is solely in my father's name.
We are considering if he survives he may need long term care and this will cost.
Can we proceed?

Hi @secretangel
Just my thoughts.
Yes, I would expect you to have to come to some monetary settlement from house sale proceeds with your father's spouse.
If your father and his spouse were to get divorced, she, as a wife, would have a claim against the house sale proceeds as the matrimonial home whether she contributed money or not, and a contribution can include making and maintaining a home, acting as a housewife, etc. Thus, if she were to seek legal advice it is likely that she will be told to claim. Afterall, she's got to provide herself with some where to live, whether buying renting of staying with family. I mention all this so that you are aware of the situation, if you weren't already. Any settlement with father's wife should include some agreement by her not to make a claim on father's estate when he dies, if she's getting an advanced in time settlement.
Your father would then be a "self funder" for care home fees.
Have you registered the PoA with the Court of Protection - if not, that's your next step - as they take quite a while. In registration application make sure you state you will be selling the house and want Court's consent in the order.
Best wishes

 

[dq79]

Hi there, just a thought at this very difficult time for you and your family. If your father's discharge is under discussion or imminent, has their been any assessment by social services in hospital? If not perhaps the decision doesn't need to be made just yet? Will the hospital and social care team be considering any discharge to assess or CHC funding etc, if he definitely cannot return to his own home? If so it may be worth speaking to the social care and finance team as to how they may treat your fathers property if there is a spouse still living in the home. . I kind of feel for your father's wife a little too if her husband may not be returning home and is facing the loss of her home too, although appreciate if she is not interested that must be extremely difficult (I'd be livid!). Totally understand as a family you are future planning in your father's best interests.

 

[secretangel]

Thanking you all for your advice really appreciate it. Unfortunately she is not interested in our father and as said so and displayed it in so many instances.We ignore her behaviour and attitude.
If you have anymore thoughts kindly share but we appreciate your suggestions.
See how matters progress for our father, hopefully a positive one.

 

[Bod]

@secretangel
Does your father have a Will?
How would your plans effect the provisions of the Will?
As sure as eggs is eggs when it comes to money many parties will be most interested.

Bod