ENDURING Power of Attorney signed 2007

Re house assets and care costs, an old chap who visited his wife every day at my mother’s care home, told me the costs were being ‘rolled up’, so that once he died or had to move to a care home, the house would be sold and the council would recoup their fees. They had no children so weren’t worried about inheritance issues.

For residential care, I think it is.

I thought the house wasn’t considered if the other spouse still lived there?

My understanding is that a charge can be taken on the house to pay for residential care - paid when the house is sold. It can eat up all the equity if the house is jointly owned. But, if owned as Tenants in Common, only the share belonging to the person in care can be used.

Similarly with joint savings accounts.

GSD, so many of us on this site owe you so much for your excellent advice . Thank you.
After reading that article in the Times it has prompted me to go to our solicitor and have a chat.

GSM….a Son and a Daughter, but I take your point. I had thought we had done everything necessary by making Mirror Wills and the Enduring PoA. So much to consider. Ive just spoken to a friend who is the process of doing their PoA’s, but they have no children so other than each other thats all they can document. Thank you again for your input.

I didn’t think the house could be included in the assessment if the other spouse still lived there Kitty? Not something I know anything about though.

Holding your house as tenants in common can be helpful if you want to leave your shares in it to different people, but I get the impression that the OP and her husband only have the one child though might be wrong.

May be as well to review your wills at the same time as doing the PoAs. I always say to people with only one child, make provision for a case in which the unthinkable happened and your child predeceased you. If such a terrible thing were to happen, you might then not have capacity to make a new will.

A couple who are Tenants in Common own their share of the house and it cannot be used to pay for care. The total of jointly held assets can be used in an assessment.

GSM will be able to explain more.

Germanshepherdsmum

I would suggest you each make a new PoA, even though the existing ones are still valid, appointing not only each other but also your daughter, with the ability to act jointly or severally (jointly alone is no good if the other attorney loses mental capacity). Remember you can grant separate powers for finance and for health and welfare. And get them registered rather than waiting until they are needed, to avoid delays. I would always recommend using a solicitor though crowds of people will soon come along to say how cheap and easy it is to do it online.

I absolutely second this, we used our solicitors for both our DM LPOA for both things and registered them immediately.

kittylester

And ask about becoming Tenants in Common on your house if you are not already.

Thankyou KL, are you able to give a bit more info regarding Tenants in Common?

Germanshepherdsmum

I would suggest you each make a new PoA, even though the existing ones are still valid, appointing not only each other but also your daughter, with the ability to act jointly or severally (jointly alone is no good if the other attorney loses mental capacity). Remember you can grant separate powers for finance and for health and welfare. And get them registered rather than waiting until they are needed, to avoid delays. I would always recommend using a solicitor though crowds of people will soon come along to say how cheap and easy it is to do it online.

Thank you for this info GSM, I appreciate your input.

And ask about becoming Tenants in Common on your house if you are not already.

I would suggest you each make a new PoA, even though the existing ones are still valid, appointing not only each other but also your daughter, with the ability to act jointly or severally (jointly alone is no good if the other attorney loses mental capacity). Remember you can grant separate powers for finance and for health and welfare. And get them registered rather than waiting until they are needed, to avoid delays. I would always recommend using a solicitor though crowds of people will soon come along to say how cheap and easy it is to do it online.