3 Flashcards
What is order of things happening if die intestacy?
Administrator appointed and ask for letter of administration
Who can write a will if someone lacks capacity?
Court of protection via the ‘official solicitor’
Deed of variation
How long til can no longer vary?
Requirements? (4)
A will (or even intestacy) can be varied within 2yrs of someone’s death. To change who assets are being passed to.
Rules:
- must be over 18 and sane
- signed by those giving up benefit
- contains statement the variation is to be effective for IHT as if deceased had made it
- involves no consideration for money or money’s value
Settlor of trust
Trustees of a trust
Settlor - person putting assets into trust
Trustees - person looking after trust
Property:
- Joint tenants
- Tenants in common
JT - 50/50 ownership and passed to other owner if die
TIC - can choose % of ownership and ownership goes through will or intestacy if die
If family member has no legal right to information can you disclose if family member is in need of LTC? Can you take info. from this family member?
No to both, must have legal right, e.g. attorney. As would be breaking data protection.
What is rule of person having or not having mental capacity?
Someone should be treated as having mental capacity, unless it is proven otherwise.
Ordinary POA (General POA in Scotland)
Enduring POA
Lasting POA (continuing POA in Scotland)
OPOA - look after finances but stops if lose mental capacity
EPOA - person chooses for attorney to look after finances immediately or when lose capacity but does not cover health and welfare
LPOA - person chooses for attorney to look after finances immediately or when lose capacity. Can also cover personal welfare but only when lose mental capacity
What is main difference between Scottish and UK POA?
In Scotland can have 1 POA for both welfare and finance but in UK need LPOA for each
If don’t have POA, must apply to courts but what is name for attorney? How does this differ?
Deputy
Courts can put restrictions on powers e.g. can not pass assets for IHT purposes unless has benefit to person who lost mental capacity
3 main data principles
Data used for purpose it was given only
Kept safe and secure
Information is accurate and upto date
If no one is there to control finances of someone, who could take over this on their behalf?
Hospital
How to assess care and financial needs (8)
Extent of care needed due to level of disability
Wishes of individual and to some extent family
Cost of care required & what type of care
Current assets and liabilities
Individuals ATR
What benefits do they receive and are they entitled to any others
Is a will or POA in place
Calculate shortfall (wants - gots = needs)
Are best asking for LA to help fund or use assets, as LA will only pay for sufficient care
Who can submit an eligible complaint? (3)
Individual
Small business with fewer than 10 staff or turnover of under €2m
A charity with annual income under €6.5m or trust with net assets under €5m
Mandatory steps for a complaint (4)
Customer sent acknowledgment of a complaint within a reasonable timescale
If not resolved after 4 weeks, customer sent a holding letter
After 8 weeks, further holding letter explaining the delay and notify of right to go to FOS
If complaint upheld must make appropriate offer of compensation and be put in position if wrong doing had not taken place
