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Later Life

Welfare & Financial Guardianship, Elderly Adult, move to Care Home, Evacuation of Survivorship Destination, authority to sell property, management of assets, Applicants not direct family of Adult

The health of an 82 year old man with a diagnosis of Dementia had deteriorated and he was admitted to hospital after having had a stroke. He was assessed as being unable to continue being cared for at home by his wife and lacked capacity to consent to a move to a suitable care establishment. The couple owned their home on a survivorship basis (in terms of the title deeds, in the event of one party dying the other would automatically own the property outright). They also had joint bank accounts. The husband had private occupational pension income and substantial other assets in his sole name which could not be accessed to meet his care costs. The couple had no children. Our clients were the nephew and niece in law of the couple. The clients sought Welfare and Financial Guardianship. The wife supported the application by her nephew and niece-in-law.  An indefinite appointment as Welfare and Financial Guardians to the husband was granted in favour of our clients which authorised them to consent to the move to a care home, evacuate the survivorship destination to enable his wife to bequeath her share of the property in her will to beneficiaries other than her husband, to consent to the sale of his half share of the property should his wife require to move in the future, to deal generally with his financial affairs and to make ongoing decisions regarding health and welfare,.

Downsizing, care costs concerns

We were approached by a client looking to downsize their home with concerns about how to finance possible future care costs. Whilst assisting the client with the property transactions, we provided a holistic review of her personal finances, updating her Will and discussing the cost of care both at home and in residential accommodation looking at  possible financial assistance which may be available from the local authority. During our discussions it became clear that our client had concerns about future loss of capacity and ensuring someone could effect her wishes regarding medical procedures, if required. We updated her Power of Attorney and put in place an Advance Directive (or Living Will) to give her peace of mind that her wishes were recorded and her chosen person could act on her behalf if needed in the future.

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