No POA question re possessions

[littleHen84]

Hello we have an estranged grandmother in a care home lacks capacity no power of attorney. The funds have ran out so the care home have called to advised adult social services are involved and the sake of the property via the LA is the next step. I have 2 questions what happens to the persons possessions in the home the LA have taken charge of selling? Secondly who is liable for paying for the funeral? I am unsure if there is a will/executor Thank you

If she lacks capacity then the Local authority will make an application to the Court of Protection for someone to be made a financial deputy.

Because the local authority have a conflict of interest as they intend to take her finances from her to pay for her care they cannot be given the deputyship so the court will most likely appoint a solicitor if there is no one else to take that role (usually a willing family member would be appointed but it's unlikely if her family are estranged).

It would be the responsibility of the appointed deputy to arrange a house clearance and sell the property.

A professional deputy like a solicitor would expect to be paid from the savings/assets as well so they would also be taking a significant cut (their fees would be agreed by the court when appointed).

The funeral would also be paid for out of the remaining funds from the sale of the property. The local authority don't take all the money from the sale of a home and there is always enough left to pay for a funeral etc.

Thank you ever so much for replying, as no family member is POA would be told as these things are happening? Thank you

Have you contacted the local authority and asked to be kept informed?

They should inform you that they are making an application to the court so that you can respond/challenge etc if you wanted to be made deputies, but they would have to know you exist first. Have the care home shared that information with the Local Authority?

How informed you are kept after that if you don't get involved in the COP application about house sales etc will depend on the reasons for the estrangement/relationship history. The local authority has no legal reason to keep you informed and depending on anything your relative has said about information sharing with relatives they may not be able to for confidentiality reasons.