My father is in hospital and my sister and I need to repair his house and put it up on rent so that the rent can pay for his care. His social worker has told us to apply for 'power of court' because my father is incapable of making any decisions. How long will this process take and how much is it likeley to cost us? Your advice on this matter is greatly appreciated. I have made an appointment to see a solicitor later this week. Many thanks.
2007-10-23 22:04:50 · 6 answers · asked by sonia 3 in Business & Finance ➔ Renting & Real Estate
It is to late for you to get a power of attorney and so you must apply to the Court to give you the equivalent. You must remember that the Court has to satisfy itself that you will act in the best interest of your father and that he is incapable of acting for himself. A solicitor will be the best one to give an estimate of costs and I would start there. A preliminary interview will not cost a lot if yo can use the legal aid green form for a start. That will give you half an hour, so do not waste it. Make notes of what you want to ask and try to write down what he tells you. You will then be in a position to know your way. I think the costs can be claimed from your farthers estate. That is one question you need to ask. The best advice will come from your solicitor not here.
2007-10-23 22:20:49 · answer #1 · answered by Scouse 7 · 1⤊ 0⤋
You are after 'Power of Attorney'.
In the UK all you need is to proove your father is 'not capable'
and this should be relatively straightforward as long as you have medical proof of his condition.
The 'proof' may cost you 30 to 35 pounds from his medical people and then you and your sister should be able to get a solicitor to d othe rest for a small fee depending on the country you are in. Again in the UK you get 30 minutes free with a solicitor so ensure you have all the info needed and then all you will need is the solicitors letter etc.
Beware...... Do not let the solicitor talk you into seperate copies etc for you and your sister as each copy, letter etc will cost you money.
2007-10-23 22:11:32 · answer #2 · answered by TIM M 3 · 0⤊ 1⤋
The first answerer is indeed correct that it's called a Power of Attorney.
It can be, however, difficult to obtain without the person's consent, as once you have it the person cannot make any decisions for themselves regarding their own financial affairs. Most courts in this situation consider granting powers that have a limited time, requiring a renewal after that time.
Your solicitor will explain it to you, or you can get advice from the CAB or library.
2007-10-23 22:12:48 · answer #3 · answered by MarkEverest 5 · 0⤊ 1⤋
You would certainly need power of court, unless your father is in a fit state to sign a power of attorney document.
This would allow you to act on his behalf.
There is nothing to stop you doing the house up while you wait for the application, as it is your father house, and you are not breaking any law (Unless he doesn't want you there).
Then speak to an agency regarding the house, have them come and give you a rental estimate, and as soon as paper work is in you can sign the rental agreement, and it can be rented out.
Hope that helps!
2007-10-23 22:10:09 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Its a Power of Attorney you mean which enables you to deal with your father's affairs. Costs around £60 to do this. Can be done the same day as your meeting with Solicitor
2007-10-23 22:08:29 · answer #5 · answered by **** 7 · 3⤊ 1⤋
well you need to see a solictor who will put it before the courts so you can take charge of money to do the home improvments on his behalf ...this takes a couple of months , my family and i have had to do it not long ago to take charge of my nans finaces as she has alzimers , the only down fall is that social services can still use your fathers property for paying for his care as you have to legally do this within 5 years of your father getting ill ..we now take charge of my nans money and her care with her money on her behalf , your father needs to sign this too ..
your solictor will help you , as a bit of form filling and she/he will write to other immediate family memebers to see if any one has reasons for you not doing this ..
there are a few web sites that really are helpfull but not many , i cant remember any off hand sorry ..
hope this helps you , it is straight forward when you get it going , just as long as you dont invest too much as they can still take it off you ..
goodluck xx
2007-10-23 22:14:08 · answer #6 · answered by j.j. 5 · 0⤊ 0⤋