Power of attorney - family feud

[sunnyday123]

Hi

Can someone please clarify the following to help with family feud!

My granddad is in a care home suffering from dementia - he has a house which does not need to be sold to pay for his care as his care is free.

The house is currently being looked after by members of the family. One such member has applied for power of attorney and intends to sell the house soon once its granted. Can they do this even if other members do not want to?

The reasons against inc that my granddad left the house to his children in his will and several family members feel it is disrespectful to sell whilst he is alive. Also he will lose his benefits etc with such a large amount of money in the bank.

Does whoever have power of attorney have the right to sell if other siblings don't want them to - what can they do to stop a sale if communication is poor?

Thanks!

Are you 100% sure his care is free?

Well, I'm definitely not an expert but I would guess that, yes, the person who holds Power of Attorney can go against the wishes of the others, but not against the wishes of your grandfather.

Hopefully someone who actually knows what they're talking about will help you out soon!

I am no expert - but the court of protection would have to grant poa as your gf isn't capable of granting it himself. I'd suggest the other family members make sure their views are known to the court so this person can't make all the decisions.

Court of protection will step in if he has dementia

he has nursing not residential care and the home he is in is free.

The Poa is almost through so how can the sale be stopped as communication is poor and no other family members have been invited to the court or solicitor meetings?

If your grandfather has dementia, I doubt he 'd have the mental capacity to give POA. If the process has started and you feel your granddad did not fully understand what he was agreeing to, you need to let someone know. I'm not sure who - the court? Office of the public guardian? The solicitor? Can you call a lawyer for advice?

If your GF has dementia, and does not have capacity to make a new power of attorney, then either you are looking at an old power which is now being registered, or the Court of Protection are involved and this is a Deputyship Order.

You can contact the Court or Office of the Public Guardian and object, if you feel the attorney/deputy is not acting in your GF's best interests.

Have you or other family received formal notice of this? How do you know exactly is happening? Have you seen any documents? There is a big difference between the different procedures (pm nee if you like).

Power of attourney isnt something you 'get', it is something that the person grats if they wish to, and have the mental apaity to do so.
If the person has diagnosed dementia then I would expect the soliitor to have obtained a report confirming that the person has capacity.

If the person does have PoA then they can at against the wishes of siblings, but siblings can apply to ourt of protetion if they feel the PoA is being abused.

One view could be that it is better to sell the house to enable the person to be more comfortable and possibly get a higher standard of care, rather than being less comfortable to preserve an inheritance - could that be the way the family member is seeing it?

I'm confused now. You seem adamant that the care is free - because it's a nursing home. I didn't think that made any difference if you have funds, albeit tied up in a house. Whilst I didn't think you could be forced to sell, I was under the impression that the fees would have to be reimbursed once the house was sold, presumably after death. If you say he might be liable for fees if the house-sale liquidated the funds, then surely the care is not free?
(Sorry if this is slightly off-topic. I'm just thinking of friends who have been paying over a thousand a week for care).

The PoA was granted to another family member a year or so ago when my GF was not so bad but now its being transferred to a different family member. We know very little about it due to poor family communication but believe its being dealt with by solicitors in London? She has made it clear that once through, she intends to sell the house to someone she knows (at market value obviously).

No, I can assure you the care home is free - it is the only free one in the area and he had to assessed a thousand times to get in - that is definite so totally unrelated to the house sale.

Selling the house does not affect his care and the family member knows this. He does not need to sell house as the care is free - currently he gets pension etc etc but will get nothing once his bank account shows the house sale so i don't see how thats in his best interests to have cash in the bank that he can't use. The money will just sit in the bank until divided upon his death so that helps noone? Once the power comes though and she tries to sell the house, we are not even sure whether we will be told until its all done and have no idea of contact numbers etc for advice as we have no idea who is dealing with it!

its "NHS continuing care" funded by the NHS in a particular nursing home - just had it clarified! So is free

Perhaps she feels that if she has a secure buyer lined up, that's worthwhile. The market is dodgy at the moment, and who knows what's around the corner. Mind you, that can work both ways.
Not saying this is the right thing to do necessarily, but it might be how she sees it.
Is this family member close to your GF? More so than the rest of you?

Powers of attorney cannot simply be transferred, they are granted to a specific person. If someone else has been involved, then the Court of Protection must be involved, and family should be notified.

Your best bet is to contact the Court of Protection and ask if they have an ongoing application, as you have concerns (good luck getting through!).

As I say, there is a big difference in the two procedures. If it is a power of attorney, then the attorney does not need the consent of other family to a sale of a property. They have to act in the best interests of the donor (your GF). It may be that it is generally easier and more straightforward for the property to be sold, as there won't be ongoing costs etc like bills, maintenance and insurance.

One point which the Court may consider is the Will. Generally, a Will is completely private until someone dies, bit if the sale will change the way in which the Will operates (if no provision is made for the property having been sold prior to death), then the Court can consider an application for a Statutory Will to be drawn up. Complicated, and whoever makes the application will need proper advice.

Please remember, though, that the primary concern is what is in the interests of the client/patient/donor.

Why would selling the house stop his pension?

Are you worried they will siphon off his money?

I suggest you speak to a solicitor who specialises in this and get it halted/get them removed or have the money put into some sort of trust, perhaps (if that's an option), to which they have no access.

sunny, the POA cannot simply be transferred. If it was originally granted whilst your GF had competence and it was changed when he did not then that is not allowed. Do you know if it was registered at the Court of Protection? You could call them.

Also it might be worth seeing a solicitor who specialises in this area to pay for an hour's time in a meeting so that you can see what your options are.

I do not see why an unmortgaged house is regarded as fewer resources than cash at bank in terms of rights to obtain free nursing care as a lot of other people have mentioned above.

If his incomei s very very low then part of his "pension" may be a top up on the state pension to the minimum guaranteed pension income leveo f £200 or whatever it is so it may be the case that selling the house affects that too. if it does it is not in his best interests to sell the house. You can probably apply for a court order through a solicitor to stop the sale and/or register some sort of objection on the house's title which might put potential buyers off.

It may be though that he needs the house sold to pay for care and those trying to stop the sale are just after their inheritance and not thinking about his needs, so be very sure of the facts before you act.