Quick initial advice urgently requested - dementia/property

[joebongo]

Hi,

Sorry for making an urgent request.

My father in law has medium to advanced Parkinsons and the associated dementia. Power of attorney is currently in progress with the authorities for approval and as far as we know not active yet.

Having been found wandering around the retirement home during one night asking for a shower a GP came out and he said he had dementia. Up to this point although he clearly has had dementia for a while he hasn't had a formal diagnosis. He cannot manage his finances, gets scared by bills etc as he just can't comprehend them and his son has to deal with it all.

So today he has another assessment from social services where he said he has given his house to his former partner (who refused to let him back into his house 8 months ago following a broken hip hence being in a rented retirement home flat).

An aside really but his former partner has tried to get him to sign blank cheques whilst he was in hospital and all sorts of safeguarding issues were raised but social services were wet behind the ears and didn't really do much. She also has form for this from her previous marriage when her husband was terminally ill. He was kicked out of their home by her as well.

So my question is given PoA isn't active (or maybe it is and we don't know yet) and his mental capacity is flawed where do we go with this? Is it solicitor time and if so what specialty am I looking for?

I have a feeling we need to move quickly on this as the house which is jointly owned is his main asset for him to get decent care. There's no doubt in my wife or her brother's mind that there will be no inheritance here as he needs to buy what care he can with his assets, although it is understood his ex partner can't be forced to sell to release his share and this is understood by all.

Thanks in advance

[robinessex]

Obviously a solicitor is required urgently. A call to the CAB should yield a solicitor who specialises in this. Or google for a local solicitor yourself. And most solicitors know of an expert in the locality if they don’t specialise in this themselves. Opps, forgot. My mother had Alzheimer’s. The local Alzheimer’s society rep is usually very helpful and knowledgeable on things like this. Help line on 0300 222 11 22

[Grandad7184]

yep speak to your legal eagle. I was under the impression if you can prove when you had applied for the POA after a consultation with the doctor any paperwork signed after by him (your FIL) IE the house can be voided you may need a letter from the doctor about this and his medical view he was suffering early stages . As for money again prove when the POA was applied and obtained and speak to your Legal Eagle who may advise Police interest or a court claim.

[joebongo]

Update:

First thanks for the advice. The BiL's other half has contacted a solicitor. The response is that unless any forms are submitted or acted on nothing can be done. An alert has been put onto some system whereby if there is a change to the deeds of ownership then the BiL will be sent an SMS/email. Aside from that nothing to do.

Would taking advantage of a confused person to appropriate their assets count as an offence reportable to the police?

Does this sound about right?

[anonymous-user]

No, it doesn't (the first bit, I mean). If need be an application could be made to court. Contact Andrew Parsons at Radcliffes Le Brasseur.

http://www.rlb-law.com/people_profile.php?member_i...

As for a criminal offence, there is no general offence of taking advantage of someone, but depending on precise facts various fraud offences might be committed in the classic "sign here" scenario

Edited by anonymous-user on Thursday 14th August 17:46