Attorneys & Deputies – How To Safeguard Someone’s Property When They Go Into Care

When a person goes into care, it can often be quite stressful to arrange everything that the person will need and to look after any property they may own. Lay Attorneys and Deputies may struggle to know what exactly they are required to do to meet their obligations.

This is the made-up case of Pam, who has had to move into residential care. Here are some recommendations as to how her attorneys should deal with her property now that she has gone into care.

Initial visit

It is important to conduct an initial visit to check that the property is secure for the time being and that there is nothing that needs urgent attention. It may also be useful to take a few personal effects for Pam to have in her room. All windows and doors should be checked to ensure that these are secure.

Subsequent visit

If Pam is expected to be in care for a longer period, we recommend taking maintenance steps such as draining the central heating system and turning off the water. We also recommend emptying any fridges or freezers to avoid any unpleasant smells and to prevent future clean-ups from being required. It is also important to advise the home insurance company that the property is now unoccupied to prevent any lapse in insurance. We do not recommend that any furniture or personal items be sold at this time. This is because Pam may have left certain items to people in her Will and if there is still a chance that Pam may return home, then furniture and other personal items should be left alone.

Obtaining important documents  

Although it may feel like an invasion of Pam’s privacy, it is vital that any important documents be discovered so they can be kept in a safe place. Lay Attorneys and Deputies should therefore conduct a full search of the property and obtain documents that are of significance such as Title Deeds. Many properties remain unregistered and if this is the case, it is essential that the Deeds are found and stored for safekeeping until the property is sold.

Further visits

We recommend that the property is visited frequently to ensure nothing has been damaged and that it is still secure. Speak to Pam’s home insurance provider to see if they have any specific terms in relation to visiting the property as most insurers do. If not, visiting the property every couple of weeks is a good starting point.

Future considerations:

If it is decided that Pam will need to be in care for a significant amount of time, or even permanently, you may wish to consider how you will deal with the property moving forward. In a separate blog we have considered how to decide whether to Sell or Rent Pam’s Property and the positives and negatives associated with each option.