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I need legal advice how do i find it

Discussion in 'Legal and financial issues' started by Ginnykk5, Apr 15, 2017.

  1. Ginnykk5

    Ginnykk5 Registered User

    Jan 6, 2015
    70
    Hemel Hempstead
    I need legal advice and I don't know how to find a solicitor who understands the nuances of living in a home of a dementia patient .

    I have lived with my father in his home for 55 years. I have spent some of my won money on the house. I'm under 60 not disabled. The house may be considered for my dads care.

    I don't know ware I stand and if i have any rights to continue living here. or what happens to me.

    I just need to know how to find someone who can advise me legally. I don't want to resort to sticking a pin in yellow pages and getting somone who has no idea on the subject.
     
  2. VickiW

    VickiW Registered User

    Dec 29, 2016
    35
    Age uk have a list of local solicitors who are elderly specialists so might be a starting point. Good luck x


    Sent from my iPhone using Talking Point
     
  3. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    7,740
    Yorkshire
    hi Ginnykk5
    might CAB help
    or the AS helpline?
    0300 222 1122 or by email at helpline@alzheimers.org.uk.
    •Helpline opening hours:
    •Monday to Wednesday 9am – 8pm
    •Thursday and Friday 9am – 5pm
    •Saturday and Sunday 10am – 4pm
     
  4. Lavender45

    Lavender45 Registered User

    Jun 7, 2015
    1,598
    Liverpool
    Ginny was in a similar position to you earlier in the year. I jointly own my home with my mum and I was concerned that it would have to be sold to free up her share for care home fees.

    I found Age Concern really helpful with advice. I don't know if they would recommend a solicitor, but they explained thoroughly how I stood with regard our house. Maybe speak to them before you pay any fees for a solicitor.
     
  5. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Horrible system isn't it. Whatever you have contributed to the property is normally classed as immaterial. Have a read of this and what constitutes a Mandatory Disregard of Property and what constitutes a Discretionary Disregard. You have a good case for a DD.
    http://www.ageuk.org.uk/documents/e...rmanent_care_home_provision_fcs.pdf?dtrk=true

    Even if your Local Authority do not agree to a DD as long as you continue to live in the property till you reach the age of 60 the MD will then come into affect.

    I am assuming this is only a few years down the line so to pay for your Father's care the LA must offer you a Deferred Payment Agreement where they fund the care on the understanding that if your Father Dies or the property is sold they are paid back.

    :)
     
  6. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Forgot to ask.....Do you have Power of Attorney over your Father's finances?
     
  7. Ginnykk5

    Ginnykk5 Registered User

    Jan 6, 2015
    70
    Hemel Hempstead
    No POA have applied for deputyship, will take 9 months and I'm not allowed to do as conflict of interest. I do not own any part of the property. with deputyship my family would probably have to evict me, so i will have no ware to live.
    If dad had died I would have inherited a portion and been able to move on. now I have no future.
     
  8. Ginnykk5

    Ginnykk5 Registered User

    Jan 6, 2015
    70
    Hemel Hempstead
    what is CAB?
     
  9. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    7,740
    Yorkshire
    #9 Shedrech, Apr 15, 2017
    Last edited: Apr 15, 2017
    Hi GinnyKK5
    sorry - it's the Citizens' Advice Bureau
    who has told you this - my bolding
    a family member can act as Deputy
    your family cannot evict you, they would not have the legal authority to do so - in fact if no-one has POA or Deputyship, then no-one can legally deal with your dad's affairs if he no longer has capacity; a tricky position to be left in
    while your dad lives there, the value of the house is not taken into account in paying fees for care in the home
    as Pete R says, the LA can (and given your circumstances, may well) offer a discretionary disregard of the property
    or are you in a position to pay your dad a fair market rent; you'd have to pay all utilities etc
     
  10. Ginnykk5

    Ginnykk5 Registered User

    Jan 6, 2015
    70
    Hemel Hempstead
    DD seems encouraging.
    But at what point do I tell LA about my position?. the initial financial paper just asked if my father is self funded or not.

    Im thinking of having him back home for as long as possible to save cost and give me a home. As we have no legal access to his funds at the moment this seems the only way.
     
  11. Ginnykk5

    Ginnykk5 Registered User

    Jan 6, 2015
    70
    Hemel Hempstead
    a family member can act as Deputy
    your family cannot evict you, they would not have the legal authority to do so - in fact if no-one has POA or Deputyship, then no-one can legally deal with your dad's affairs if he no longer has capacity; a tricky position to be left in
    while your dad lives there, the value of the house is not taken into account in paying fees for care in the home
    as Pete R says, the LA can (and given your circumstances, may well) offer a discretionary disregard of the property
    or are you in a position to pay your dad a fair market rent; you'd have to pay all utilities etc[/QUOTE]

    When my brothers get deputyship, one of the rules is to evict any tenants (not that they would want too) solicitor said this, also read it in the details.
    utilities is not a problem, market rent is.
     
  12. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    7,740
    Yorkshire
    Hi Ginnykk5
    I'm not legally savvy but don't really see why having your brothers being appointed Deputies for your dad means that of necessity you must leave the property - though I do see that they have to act in the best financial interests of your father, which may necessitate the sale of his property
    do you have some evidence of the amounts you have paid on the house
    I agree with your opening post, you need proper legal advice

    this is an interesting thread - may not be relevant
     

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