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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My elderly step father has just gone into a residential care

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My elderly step father has just gone into a residential care home, because he is frail, suffers from Parkinson's and now needs a safe environment. He had a home care package, but this was inadequate, and resulted in several hospital admissions due to falls at night.
At the moment, due to dire need, and because he is a home owner with more than £23,000 in savings, he is self funding.
He owns his own home and has approximately £30, 000 in savings. My mother died 18 months ago, so he was the sole occupant and is named as sole owner on the revised property deeds.
He has a combined monthly income from pensions of approximately £1,900.
The house is left to myself and my step brother in the will.
What can we do to safeguard the property, and our inheritance?
Customer: replied 1 year ago.
My own idea is to leave the situation as is until his pensions and excess savings over 23K have been used to pay his monthly care bill of approximately £2,400, and then apply for partial funding to meet the shortfall. However, this still leaves the question of the property, and how to protect the assets he wishes to leave in his will.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

How much is the house worth and did your late mother leave a Will?

Customer: replied 1 year ago.
My late mother left a will, which was finally settled around March 2015. There were two beneficiaries, myself and my step brother. The solicitor acting as executor then transferred to deeds to my step father as the sole named owner of the property.My step father's will names myself and my step brother as the only beneficiaries of his will, which includes selling the house to consolidate his estate, after all costs and claims, the estate will be divided equally between my step brother and myself.A quick review of a neighbour's property online, but not an official quote, would indicate that the property would be worth around £220,000.I have copies of my late mother's and my step fathers will, if required.

Does your step father still have mental capacity?

Customer: replied 1 year ago.
He does. He has the usual elderly confusion over dates and days at times, but that is more to do with the fact that he's not tied to time commitments. He is generally mentally focused, for example, will discuss the EU referendum. He can be forgetful at times, but I think he would be considered capable of making an informed decision.I have applied for lasting power of attorney for his estate, but not for his health care needs. We did this after two hospital admissions early this year.

When your step father's savings run out then you can get help form the local authority - but ONLY whilst you are selling the house - and then the money they have spent will need to be paid back.

You can however protect half of the house value even at this late stage.

However this will need you all to agree and sign a Deed of Variation of your late mother's Will leaving her share of the property to you and your step brother.

Even then this can be challenged by the Local Authority - but you have a reasonable chance of keeping it safe

Please ask if you need further details

Customer: replied 1 year ago.
Thanks. How do we set up a Deed of Variation of your late mother's Will leaving her share of the property to myself and my step brother? My late mother's will, attached for your reference, has been settled.

You will need to go back to the solicitor who helped you deal with the estate and discuss it with him or her

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

You are most welcome - I hope things go well