really just looking for some advice regarding CoP rules etc...
In November 2013 a family member with alzheimers suffered a fall in her home (after a uti) and broke her shoulder. As a result and due to her dementia her carer of 5 yrs or so (granddaughter) was no longer able to look after her as she couldnt even manage to get her out of the chair. The social services/hospital etc were useless helping but the short of it was she was then moved into a residential care home and now permanently lives there. Her grandaughter was previously living with her and continued to live in her home while she was in care. Afterwards the two daughters of the alzheimers sufferer got joint power of attourney over all of her affairs and property. She had savings so was paying for the care home but they have asked a charge to be put on the property to continue paying care fees and allow the grandaughter to stay in the house.
Recently one of the daughters has spoken to a solicitor and is claiming that the grandaughter will now have to start paying rent on the property to live there (she is paying bills council tax etc etc) and that the Court of Protection will hold the two deputies liable for not "acting in (alzheimer sufferers) best interest" or "making the most of her assets" if they do not. The grandaughter is on a very low income (and she is 8 months pregnant & working self employed full time) and has no concievable way of affording rent so if this came into force she would have to try claiming housing benifit to cover this (if she even could as there seems to be some issues re renting from relatives) or be made homeless
Part of the issue is nobody seems able to find anything stating that they would be forced to rent out the property in the CoP rules and it seems to state that the personal views of her grandmother would be key in decisions. The grandmother would NEVER ever have asked rent nor tried to make her grandaughter move and expressed her wish when still healthy that she wanted her living there (even to the extent of offering to transfer the property to the grandaughter who refused feeling it was unfair to the daughters) and that she expressly wanted the home to stay in the family. The grandaughter is also the only one who has expressed interest in trying to purchase the property in the future if her financial situation was more favourable...
Sorry for confusingness... trying to hide names and identities etc!
But really confused as to where they stand here?
In November 2013 a family member with alzheimers suffered a fall in her home (after a uti) and broke her shoulder. As a result and due to her dementia her carer of 5 yrs or so (granddaughter) was no longer able to look after her as she couldnt even manage to get her out of the chair. The social services/hospital etc were useless helping but the short of it was she was then moved into a residential care home and now permanently lives there. Her grandaughter was previously living with her and continued to live in her home while she was in care. Afterwards the two daughters of the alzheimers sufferer got joint power of attourney over all of her affairs and property. She had savings so was paying for the care home but they have asked a charge to be put on the property to continue paying care fees and allow the grandaughter to stay in the house.
Recently one of the daughters has spoken to a solicitor and is claiming that the grandaughter will now have to start paying rent on the property to live there (she is paying bills council tax etc etc) and that the Court of Protection will hold the two deputies liable for not "acting in (alzheimer sufferers) best interest" or "making the most of her assets" if they do not. The grandaughter is on a very low income (and she is 8 months pregnant & working self employed full time) and has no concievable way of affording rent so if this came into force she would have to try claiming housing benifit to cover this (if she even could as there seems to be some issues re renting from relatives) or be made homeless
Part of the issue is nobody seems able to find anything stating that they would be forced to rent out the property in the CoP rules and it seems to state that the personal views of her grandmother would be key in decisions. The grandmother would NEVER ever have asked rent nor tried to make her grandaughter move and expressed her wish when still healthy that she wanted her living there (even to the extent of offering to transfer the property to the grandaughter who refused feeling it was unfair to the daughters) and that she expressly wanted the home to stay in the family. The grandaughter is also the only one who has expressed interest in trying to purchase the property in the future if her financial situation was more favourable...
Sorry for confusingness... trying to hide names and identities etc!
But really confused as to where they stand here?
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