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Do I have to sell my home to pay for care? And how does the local authority work out the care home fees I should pay?

Do I have to sell my home to pay for care? Your ability to pay for care will be worked out through a means test. Your home will not be included if you receive care and support at home or if you go into a care home on a short-term or temporary basis. If you move into […]

If the donor under an Enduring Power of Attorney (EPA) loses mental capacity; are there any circumstances in which the attorney can continue to act on the donor’s behalf before the EPA is registered?

If the donor under an Enduring Power of Attorney (EPA) loses mental capacity, the EPA is not automatically revoked, as would be the case for an ordinary power of attorney. However, the attorney under an EPA is under a duty to register the EPA when the onset of mental incapacity begins. Once the application for […]

Are executors liable for a future potential claim against the estate?

The personal representatives (PRs) of an estate would be personally liable, up to the value of the estate, for liabilities incurred by the deceased person. Such liabilities would include contingent liabilities for which no claim has yet been made. The PRs may be able to protect themselves by publishing a notice which complies with section 27 of […]

My mother died without a Will and my brother is dealing with the estate and refusing to give me information. What rights do I have? 

For this Q&A, we have assumed that: It is assumed that the deceased died without a Will, in which case, a grant of letters of administration will need to be applied for. The Q&A does not specify whether the deceased left a surviving spouse or just surviving children. The order of priority for a grant […]

An elderly person invests £80,000 in an annex of her daughter’s property where the property and title deeds remained in her daughter’s name. What would the recourse be for the daughter if the elderly person went into a care home? Could the government request the daughter pay the money back?

The Question assumes : The mother is giving £80,000 to the daughter in return for being provided with an annex in the daughter’s home. This answer only considers residential care costs. Deprivation of Capital First you should consider if the mother has any issues with her health and this is the reason for moving in. […]

Doctor advises me that my husband does not have capacity to make an LPA after having a stroke. How do I access his bank accounts and or sell our home so that we can downsize?

It is important that Lasting Power of Attorney’s (LPA’s) are put in place at a time before they become necessary. We advise clients to put them in place at the same time of making a will. If an LPA is not an option, there is an alternative. You could apply to the Court of Protection […]