FIL in care home what about will

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stevew48 | 17:06 Sat 03rd Jan 2009 | Civil
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My 77 yr old FIL is in a residential EMI care home fully funded by the PCT under section 117 of the mental health act. He has vascular dementia and highly unlikely that he would leave residential care. His wife, my MIL (74), still lives in the family home but her name is not on the deeds. In their wills they have left everything to the surviving spouse and if none then to their only child, my wife. If FIL dies before MIL then obviously everything passes to her and then on her death whatever she has put in her will. However, what happens if MIL dies before FIL and he his still in the care home. Obviously FIL still alive so I assume all MIL's estate would pass to him. Would my wife be able to sell the house and if so what would she have to do with the proceeds of the sale?
Both FIL and MIL signed power of attorney forms witnessed by a solicitor in 1997. My wife is the named attorney but she has not registered the POA yet for her father.

Thanks for any advice


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your wife would not be able to do anything with the fil's estate unless she registers the POA form - is there a reason she has not done it?
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I think it was a question of not upsetting my MIL. My MIL can handle the finances with some help so she sees no reason why we need to do POA yet. However, she could probably agree if there was valid argument. So if my wife did register POA then how would this effect it. I know that she could sell house but what does she have to do with assets. Am I correct in thinking that she would have to bank it for FIL.

Also if MIL needed to go into care and FIL still alive and still in his care home what happens then. Would LOA expect house to be sold to help fund MIL care fees even though her name not on deeds?
your wife will not "have" to do anything - the POA enables her to act AS the father, not in the best interests of the father (i think!) the money will still belong to the father until he dies and then it will be distributed as per his will.
i am not sure about your other question regarding local authority asking for the house to be sold for the Mil's care, but i guess you may well want to in order for her to have her choice of care homes rather than the sh!tty ones she might well get if the LA are paying.
as regards to registering the POA, it can take months to get it registered with the court of protection, so it might be an idea to do it - you don't have to use it even when you do have it, so the MIL could carry on as long as she wishes

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