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my husband is in a care home with advanced dementia, his pensions go into our joint account and I pay his homecare bill from this account. If I pre-decease him what happens to his pensions and how will his homecare be paid for. Pat XXXX
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if any third parties hold power of attorney for your husband please?
Are his care costs more than covered by his pension income?
thank you for responding, there are no powers of attorney for my husband. His pensions go towards the homecare costs and as far as I know the local council pay the rest. His state pension is £533.52 per 4 wks, his civil service pension is£187.09 per month. The invoice for his homecare is £610.84 per 4 wks. I also have the cost of PatTaylorhis hair cuts, chiropody, toiletries and any clothes that are needed. XXXXX XXXXX
Thank you. Do you own your home jointly? If so do you ave a will to your knowledge that provides that he inherits your share of the property or does it go into a trust? Do you have children?
No we do not own our home ,we rent from a housing society. I am in the process of completing a will, I have four children one who will be my executor, there will only be possessions in the house and perhaps a little savings, this is to be shared equally among the four. I have not left anything to my husband as money is not of any importance to him now. We have a joint savings account with approx £6039.00 in it.
the reason I asked the above question was because I was concerned that the local authority may have a claim against any property you own if you were to die before your husband however from what you say, does not apply. I would however recommend that any savings or capital you have in your own name is XXXXX XXXXX to your husband simply because if it is, it will likely be claimed by the local authority will stop if you have children or relatives that you wish to lead your assets to other than your husband, it may be sensible to create a will to provide for this to prevent the money simply effectively going to the local authority
in respect of who will look after your husband's affairs if you were to pass away before him, if no power of attorney is in place, the local authority will step in and may apply for a deputyship order for your husband. This is similar to a power of attorney but is granted by a court. This would enable them to administer your husband's affairs to ensure bills are paid and so on
Is there anything above I can clarify for you any further?
thank you Joshua, you have given me plenty to think about, the information has been most helpful. XXXXX XXXXX