Hello!
My Dad is in a care home and incapable of managing his financial affairs. My mum is still in their joint home and is frail and gets confused but coping with visits from carers twice a day at the moment.
I have LPA for mum (dad always refused) which means I can manage their joint account and joint savings at the minute and hence ensure Dad's self funded welfare is looked after.
Looking ahead then it’s likely that mum will leave us first and hence I'm filling in the forms for deputyship of Dad's affairs at the minute just in case....
I have lots of questions, however the main ones focus on the 'Please state the order you are asking the court to make'.
From what I understand in Cop GN2 then if I apply now then as the house is jointly owned then I need a separate application on top of the deputyship application to become a trustee. Section 36(9) of the Trustee Act 1925(another£400 and 14 weeks..).
However, given that mum leaves her share of the house to dad if she leaves us first then I also understand I need a minimum of two trustees to sell the house that dad would then own and it appears this is a different application under Section 54 of the Trustee Act 1925than the one above? (another £400?)
Hence the dilemma I guess. My thinking is to just apply for deputyship now and then wait to see how events turn out in the future about the best way for potential house sales to fund care.....
If all this is true then for the deputyship application now I wonder what I should include anything about the house sale at all in the 'Please state the order you are asking the court to make'.
I'm thinking not as it needs to have a separate application (as house is jointly owned) anyway.
Any thoughts?
Thanks And
My Dad is in a care home and incapable of managing his financial affairs. My mum is still in their joint home and is frail and gets confused but coping with visits from carers twice a day at the moment.
I have LPA for mum (dad always refused) which means I can manage their joint account and joint savings at the minute and hence ensure Dad's self funded welfare is looked after.
Looking ahead then it’s likely that mum will leave us first and hence I'm filling in the forms for deputyship of Dad's affairs at the minute just in case....
I have lots of questions, however the main ones focus on the 'Please state the order you are asking the court to make'.
From what I understand in Cop GN2 then if I apply now then as the house is jointly owned then I need a separate application on top of the deputyship application to become a trustee. Section 36(9) of the Trustee Act 1925(another£400 and 14 weeks..).
However, given that mum leaves her share of the house to dad if she leaves us first then I also understand I need a minimum of two trustees to sell the house that dad would then own and it appears this is a different application under Section 54 of the Trustee Act 1925than the one above? (another £400?)
Hence the dilemma I guess. My thinking is to just apply for deputyship now and then wait to see how events turn out in the future about the best way for potential house sales to fund care.....
If all this is true then for the deputyship application now I wonder what I should include anything about the house sale at all in the 'Please state the order you are asking the court to make'.
I'm thinking not as it needs to have a separate application (as house is jointly owned) anyway.
Any thoughts?
Thanks And