Legal advice for widow with dementia

[RobinEllacotStrike]

(NC as potentially outing)

I need some help/advice for my neighbour who is recently widowed.

She has mild(?) dementia and is elderly. She has lived in UK for decades but really only speaks her original language (very little English).

She ownes her home (with deceased husband) and she would like to sell her house and move back to her original country to live with her siblings. If she can do this she will be adequately provided for for the rest of her life & be with her extended family.

She has had zero involvement in finances etc as her DH did everything. Now she doesn't even know about bank accounts, bills etc.

There is no POA in place.

She has no family in UK apart from her grown step children have very little involvement & have not visited since her DH died (nothing on her birthday or Xmas etc). They occassionally come and remove items from the home which upsets her.

Her DH changed his will in the hospital, but she has not got a copy of the new will - her DH's children do. In the earlier wills she and DH left everything to each other but she doesn't know now.

She doesn't know what her income is, what bank accounts there are etc. There are likely to be investments etc. We think relevant paperwork has all been removed.

She needs some legal advice & support but this is complicated by the language issue

She can sell up, move back to her home country, live with her siblings & be surrounded by people who she can talk with; or
She can live out her days in UK, isolated and alone, speaking with no one.

She has carers popping in to do meds/food etc but is pretty strong and healthy otherwise.

She doesn't know who to turn to for advice and support or how to get hold of basic financial information about her finances etc.

I'm trying to support her, but would ideally like her to have some professional support and advice. ATM we can't even establish if she could afford to pay a lawyer to advocate for her.

where to start?

I agree that social services is your first port of call as they would be able to look into the safeguarding and any financial abuse. The council should have a translation service and be able to set up a three way phone call.

It might be easier, quicker and cheaper if a member of her own family flew over to help her, if they speak English or contact the Embassy.

she has bank cards but no information re the accounts.

She used to pay with cash (as she often didn't remember her PIN). Now I don't know.

I will call SS

Another simple step is getting the lock barrels changed so people can't keep coming in helping themselves to stuff.

they are also elderly and don't speak English.

Its a perfect storm - quite frightning

If she has bank cards, can you take her into a branch (with ID, and a copy of the death certificate if the accounts are in her late husband's name)? Any joint accounts I believe revert to her regardless of the will.

If her name is on the bank cards she can go to the bank with id like her passport and ask to go through her accounts and get copies of statements. She must have a marriage certificate, did they get married in the UK if she can't find it you can get a copy online and a passport if she is planning to go back home. How old is she and her remaining family, are there no English speaking neices, nephews, cousins?

Definitely social services - a safeguarding referral asap as she is at risk of financial abuse, self neglect and various other nasties. It will all be on your local council website and is very user friendly to do.

@RobinEllacotStrike is there a restriction on the register?

@RobinEllacotStrike if it’s tenants in common there will be a restriction saying something along the lines of ‘no disposition by a sole proprietor’

thank you - the Title Register does say "no disposition by a sole proprietor of the registered estate ...."

does this mean they were tenants in common and owhership is now 100% with my neighbour, being the surviving partner?

@RobinEllacotStrike unfortunately no. Joint tenants is where it passes automatically. Tenants in common means her husband’s half passes under his will. If that’s to her then, obviously, that’s good but if he has children from a previous relationship I’d say chances are he has left his half to them. I’m surprised they’ve not been in touch with her about it.

oh no that's a shame.
she has asked them for a copy of her DH will but not received anything as of yet.

@RobinEllacotStrike it’s good that she’s got you helping her. I used to specialise in this area of law although not practised for a number of years now. The advice always used to be for the Will to provide the survivor with a life interest in their (first to die’s) share so hopefully something like that is in place.

@Retrievemysanity I can see the need for specialist advisors! Its a shame the person who needs the advice is so cut off from accessing the help she needs.

If she wanted to sell up, and the heirs agree, they could sell the house and the proceeds would be split 50/50 (assuming they are left their Dads share in the will).

Is that the case? (might make it easier perhaps if they wanted to sell too)

@RobinEllacotStrike yes, subject to the terms of the Will, they could sell up or the children could buy her out if they wanted to keep the house and had the financial means to do so. Were there any concerns about the husband’s mental capacity when he made the Will? I know you said he was in hospital when he made it. Seems strange that he’d change the Will and not give his wife a copy or give her financial details etc.