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Will And Inheritance Help..

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lostboy87 | 13:29 Fri 08th Jul 2016 | Law
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My Grandad passed on recently and left a large amount of money behind. In his will he has left everything to my Nana and then to my mum if my nana is not here. My Nana has altzeimers and nobody had power of attorney. The bank account was in joint names and is where all the money is.
My Nana is due to go into a care home in the next few weeks which will take up all the money. We were just wondering if there was anyway around this without all the money being taken away?
Any help would be great and will try and give more info if needed. Thanks.
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I doubt it... You will need to get things sorted so that someone can take charge of your Nana’s affairs though and whether or not this is easy or more complicated will depend on how bad her Alzheimer’s is.
If she can’t make this choice for herself then someone will need to be appointed her deputy, info here.
https://www.alzheimers.org.uk/site/scripts/documents_info.php?documentID=2478
Is your Nan being sectioned under the Mental Health Act? If so I'm pretty sure they can't take a penny of her money.
If she is going into residential care then the same financial assessment rule apply, also the rules for claiming continuing health care funding from the NHS.
You need legal advice pdq. Go see a specialist who deals in Wills and Probate and Court of Protection. There isnt enough info for me to be able to unpick it (in any event, the devil is always in the detail in these cases) but a specialist will be able to immediately see if there is anyway to mitigate this position.

It is unlikely she is being sectioned - the likelihood is that residential care will be needed because of her age and condition. Woofgang is right about the threshold test - unless CHCF is available.

Seriously, see someone who just does this and nothing else and you may be pleasantly surprised at what can be achieved.
If someone does get the right ( through the Court of Protection) to deal with the lady's affairs, the Court may be prepared to make a will on the lady's behalf. That way, you find out what you can and can't do. But I warn you, being a deputy is a very onerous job. If there is a lot of money involved, you may have to pay for a Bond to cover risk of loss of the assets, which itself is expensive. Two or more people can share in the deputyship, and help each other. A solicitor can do it, but the fees might well be eye-watering.
lost boy you should take Barmaid's advice

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