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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10624
Experience:  Barrister 17 years experience
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My wife has POa disabled brother and has rather rashly

Resolved Question:

My wife has POa for her disabled brother and has rather rashly signed a guarantee(last week)for accomodation at his new care home in Wiltshire.He was previosly with his parents in Cornwall;and on their deaths he moved to a care home in St Austell.He is self funding but will need coucil heph within 4 years.
The said guarantee states"...it shall not be revocalble or discharged by my death or bankruptcy..."
Does this mean that any default (say,in fees) happening after the death of my wife can still be hers in her grave ? If so,how does my wife's ever be settled?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Irrespective of whether the guarantee is stated to be irrevocable, a guarantee is always terminable by serving a Notice of Termination of a Guarantee. The law does not bind people indefinitely to obligations such as a guarantee. Here is a sample Notice of Termination of a Guarantee http://www.getfreelegalforms.com/guarantee-termination/. Once your wife gives notice, then the guarantee terminates. Similarly, her executor could give notice to terminate the guarantee if she dies. In law, there is no such thing as an indefinite guarantee. All things are revocable, when speaking about a guarantee. However, it would be wiser for your wife to now write to the care home in St Austell and inform them that the maximum period for which the guarantee will be valid is three years. This gives her sufficient time to make arrangement when her disabled brother's money runs out.
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