Inheritance

rjw499

Hi guys,
My first post, am looking for some advice

Firstly, a bit of background (so i don't seem an utter mercenary)

We're expecting a baby (our first!) in the Summer and have recently discovered a damp problem in the (soon to be) baby's room. The root of this problem is the fact that our windows are completely rotten. Sadly we lack the funds to replace these at the current time.

My Gran is no longer in control of her mental facilties but i know theres around £10k allowed for me in her will
Can my mother, who has power of attorney, give me an advance on my inheritance?
Her total estate wont be worth more than around £150k so i dont think inheritance tax will be an issue

Any help greatly appreciated

lisyloo

1) Has your gran given power of attorney to you mother?
2) How do you know your gran doesn't need the money? e.g.to pay for a care home. If the money was passed on and then your gran needed money from the local authority to pay for care and they found out you've had an "advance" on money you thought you might get then the ocal authority will want the money back.

Basically the short answer is no.

Short term I would suggest a dehumidifier. (Where do you live I have one I'm not using that I might be prepared to sell if you are nearby).

Longer term, you obvious need to budget to keep your house up together.

rjw499

1) she has all the paperwork signed and ready, etc but hasnt actually gone out and activated it
2) my Gran wont need to pay any care home fees, due to her mental state the local authority will cover her care
de-humidifier is an interesting option actually, have got some argos vouchers too so may take a look.....

dzug1

A gift of that size is beyond the powers of an attorney - at least without the authority of the Court of Protection. I doubt if they would grant it.

artha

lisyloo wrote: »

1) Has your gran given power of attorney to you mother?
2) How do you know your gran doesn't need the money? e.g.to pay for a care home. If the money was passed on and then your gran needed money from the local authority to pay for care and they found out you've had an "advance" on money you thought you might get then the ocal authority will want the money back.

Basically the short answer is no.

Short term I would suggest a dehumidifier. (Where do you live I have one I'm not using that I might be prepared to sell if you are nearby).

Longer term, you obvious need to budget to keep your house up together.

I'm not proposing anything illegal is done but on balance, and for information on the law, how likely is it that the local authority will find out about this?

lisyloo

Does your gran have £10K under the mattress in cash?
If not and there is a cheque or bank transfer made out to you then it will be recorded and there is a paper trail.
If they decided to do a random audit of her case then they'd probably find out.
They would also find out if they do routine checks for large amounts.
Sorry I can't give you a % figure, but you cannot give away your money and then expect the state to subsidise you (that's not a moral judgement on my part, that's a statement of fact/law).

DiggerUK

rjw499 wrote: »

).....We're expecting a baby (our first!) in the Summer and have recently discovered a damp problem in the (soon to be) baby's room. The root of this problem is the fact that our windows are completely rotten......
Any help greatly appreciated

Maybe not the answer you are expecting.
It sounds like there is poor, or non existent ventilation in your room.
Unblock and open up any ventilator bricks. The quickest way to damp, rot, and mould is a sealed up room.

When you do replace make sure the new frames have breather bars, and that you keep them open.

Check out the DIY, "In my Home" board for more advice.

Congrats on the baby.

lisyloo

BTW - your gran can change her will at any time she chooses.
This might be unlikely in her mental state, but theorectically she could.

What I'm saying is that you don't have any automatic right to her money whilst she is alive.

RayWolfe

The attorneys of a PoA would not be acting in the best interest of you Gran if they gave away part of her money to you. No ifs, no buts. It's quite a responsibility to be an attorney and being one does not give them a crystal ball to see into the future. Does anyone know what the coming budget and next years, and next years ... will bring? No, and neither does the attorney.
They are required in law to act ONLY in the best interest of you Gran.

Kohoutek

rjw499 wrote: »

Hi guys,
My first post, am looking for some advice

Firstly, a bit of background (so i don't seem an utter mercenary)

We're expecting a baby (our first!) in the Summer and have recently discovered a damp problem in the (soon to be) baby's room. The root of this problem is the fact that our windows are completely rotten. Sadly we lack the funds to replace these at the current time.

My Gran is no longer in control of her mental facilties but i know theres around £10k allowed for me in her will
Can my mother, who has power of attorney, give me an advance on my inheritance?
Her total estate wont be worth more than around £150k so i dont think inheritance tax will be an issue

Any help greatly appreciated

Your mother would have to apply to the Court of Protection to ask permission to give you the money by gift. It would be unlawful to so without the Court's permission. Unfortunately there is a £400 application fee and the application form and process are not very straight forward. They will also try to charge a fee for the Official Solicitor, who is supposed to represent the interests of the mentally incapacitated person.