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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother is in a care home and I have financial power of attorney.

Resolved Question:

My mother is in a care home and I have financial power of attorney. I am planning on renovating her house using her money. My question is if she dies while the building work is being carried out will her accounts be frozen pending probate and the reading of her will? Obviously I will need to pay the builders.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
May I ask what the purpose of the Renovation is?
Clare
Customer: replied 1 year ago.
It was originally for mum to move back into. However she is not likely to leave the care home so my family , her grandchildren and I will be living there.
Customer: replied 1 year ago.
Apart from some payments to her grandchildren I am sole beneficiary of her will. So the house will become ours.
Expert:  Clare replied 1 year ago.
Hi
I understand that - but do you realise that technically this is not something you are entitled to do using the Power of Attorney?
Clare
Customer: replied 1 year ago.
No I did not. Mums house is her main asset but is in bad need of repair.to allow it to fall into ruin would not be looking after her interest. On this basis I had thought it was the correct action as her poa. She is post stroke and has limited understanding of complicated issues. However I have informed her that we are renovating the house which has been in the family for 3 generations on her side. She is happy for me to go ahead as far as I can tell. She has a granddaughter who is in foster care for another year. By moving into mum'shouse I can ensure we can put her up if she needs a home. This has always been a big concern to mum as her granddaughter lost her dad when she was 5. And her mother is gravely ill.
Customer: replied 1 year ago.
Also. She is NHS funded at the moment. Should this finding cease she will have enough money left to pay for her care outside of this project.
Expert:  Clare replied 1 year ago.
Hi
I do fully understand that this is what your mother would want BUT under the terms of your Power you can only use it to benefit the Donor and I am afraid that there is no basis on which the renovation of the property could legally be seen as benefiting your mother (although emotionally I can see it )
Of course the fact is that of you are an only child no one is likely to challenge you, however yes when she dies her accounts will indeed be frozen pending your obtaining Probate - the only bill that can be paid is the funeral bill.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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