Wakefield District Housing (WDH)

[catladie]

Himy daughter has no mental capacity can I make a will staying that Id c like her to remain in our family home if anything should happen to me with supported living?

Its been her home for 32 years...

[Runragged2000]

Have you discussed your wishes with your LA Social Services dept? The care service provided would depend very much on the LA assessment of your daughter's needs, the budget allocated for her care and whether the LA view is that shared homes and care are cheaper for them. Do you know of a care provider who would offer care at home? What level of care do you think that your daughter needs e.g. does your daughter need 1:1 support 24/7? Do you have legal deputyship?

Another thought is how do you think that your daughter will cope/feel about living in your home without you? We had this very situation when my 55 year old brother was left in the family home when our Mum had to go in to care herself. whilst his siblings wanted him to remain living in his large family home, familiar surroundings, etc. we realised that he would miss Mum too much, be scared to be on his own overnight and resent carers in his family home. We would also worry for his safety on his own. Fortunately, we found a new home for my brother that is "his" home, a one bed flat in an 24/7 staffed building only 4 minutes drive from me.

Lots to think about here.

[catladie in reply to Runragged2000]

No I havent spoke to anyone yet.I understand your point about living at home without me but it is her home she has 3 cats & a nephew & niece that live here as well.

I dont have depertyship either as im dyslexic & struggle with paperwork & no help.

I dont like the system or the way money is always the issue..

she has 24hr care 12hrs 221 12hrs 121

shes has a very busy social life so she used to being out & about alot.

I hope this reads OK & thanks for the advice its greatly excepted

[Chocolate-heals-all]

I think you should get professional advice. A will is not the place to leave instructions for the care of a loved one. If your daughter were under 18 then you could name a guardian for her in your will. But she isn’t. So you need to bite the bullet. Try Mencap Trust Company. We have gone through this in thinking about what will happen after we die. If you own your home then you can bequeath it to anyone you choose, but it will be a millstone around her neck unless you leave it in a discretionary trust with multiple beneficiaries, or else all sorts of consequences occur with respect to means testing and eligibility for state-funded support. Mencap will advise. As I recall, the Mencap trust fund won’t look after a flat or house, but Mencap have their own housing association, Golden Lane, so you could check and see whether Golden Lane could look after a property that is left in your estate. If you’re a tenant, you need to think about making her a tenant jointly with you. And, as others point out, she may not want to carry on living there. So you need to check those things

If you create a discretionary trust, you name trustees and write a “letter of wishes”. That has no power to compel trustees, but they take note of it. I’m pretty sure they have to act in your daughter’s best interest. Certainly they have some duty of care. But I think it makes sense for you to think who will oversee your daughter’s care when you cannot do so.

[PeaceLover7]

Chocolate-heals-all thank you very much for this. catladie Yes, putting the family home into a discretionary trust is better than leaving it directly to a vulnerable person. Please contact us by email at: [e-mail] or call on: 020 7696 6932 for more information. The office is open Monday - Friday 9am - 5.30pm.