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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33813
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father aged 70, has Lewy body dementia and has been sectioned

Resolved Question:

My father aged 70, has Lewy body dementia and has been sectioned under the mental health and is in a care home. My step mother, I have just found out has sold their home and is going to buy a property with her daughter from a previous marriage. This means when my dad passes away and my step mother passes away all my dad's money will have gone to my step mums daughter. Do my brother and myself have any rights at all? My dad didn't even like his step daughter, it feels very unfair.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who owns the property at the moment?
Does anyone hold Power of Attorney for your father?
Clare
Customer: replied 2 years ago.
The property is jointly owned. No one has power of attorney.
Customer: replied 2 years ago.
Sorry Claire, i believe it is in their joint names, although my father bought it in reality. I know my step mother believes that because he has been sectioned she doesn't need a power of attorney.
Customer: replied 2 years ago.
Hi Claire

I haven't heard anything from you, can it just check you received my last reply?
Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
I assume that your father is not mentally capable of signing the sale contract?
How long were they living to gether?

Clare
Customer: replied 2 years ago.
That is correct he is no longer capable of signing anything. They were married for 20 years.
Expert:  Clare replied 2 years ago.
Hi
How far has the sale progressed?
Clare
Customer: replied 2 years ago.
Agreed in principle, nothing signed yet
Expert:  Clare replied 2 years ago.
Hi
It will be interesting to see how your step mother addresses the issue of obtaining your fathers signature to the sale documentation.
She will need to apply to be appointed as his Deputy - but since it is about the sale of a house she will need an Order from the Court Of Protection to allow the sale to go ahead on her signature alone.
I do have to say however that in general terms there is nothing wrong with what is proposed provided your FATHER is properly provided for.
After all if he had died and his estate had passed to his widow then what she did with her money would be entirely up to her
You can however discuss the matter with the Court Of Protection if you wish
https://www.gov.uk/court-of-protection
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Thanks Clare. My last question - their property is a park home. Is the law any different for jointly owned park homes?
Expert:  Clare replied 2 years ago.
Hi
How much is it worth?
Clare
Customer: replied 2 years ago.
£132,000
Expert:  Clare replied 2 years ago.
Hi
Yes i am afraid that there is much less protection with Park Homes and it is entirely possible that she will indeed be able to sell the property.
It would still be sensible to speak to the Court of Protection but I am afraid that there is less help available because it is not Land
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33813
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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