urgent hep for mum re will

missmelanie

Hi, Im so unsure of where to get advice or even where to post this. My Mum works as a carer for a large elderly persons service and has just found out a cient left her 5k in her will. Under her contract she was told she couldnt keep it but after she took the cheque into her office, the management didnt seem clued up on the actual legal side of it all and asked her if she minds the money being donated to the charity. My mum herself isnt fussed she isnt after money but she struggles so much I would love her to be lucky just once. Would anyone have a clue if theres a chance she could keep it as its a legal document a will. Any help much appreciated
Thanks

LEJC

My mum is elderley and we have dealt with at least 2 care agencies who specifically say that carers are not to accept gifts from clients...this is very possibly the rule also with the agency your mum works for and as such she should know thier policies on such a thing.

Whilst it is testiment to her work to be offered such a gift and she should be flattered,you and she need to abide by the care agencies rules as failure to do so could result in your mum losing her job.

Please be guided by the agency that she works for.The rules are there to protect her from a potential counterclaim on the money at a later stage.

supermaiden

I dont know the aspects of all this but I do know that a family member is a care worker and had someone leave money in a will and she did get to keep the money even though its not usually allowed. I would definitely look into it if it would help her rather than give it up.

Pee

I think quite often carers do have this clause in their contract. I think she should speak to a solicitor - an employment law specialist. It may be that the company will overlook it this once but keep an eye on it happening again - suggesting she was exerting undue influence whilst working for them.

She can certainly keep the money, unless someone with an interest in the ladies estate can prove undue influence, the question is whether she can keep her job.

LEJC

The main reason that there is usually a clause in a carers contract is to protect them.

Its very difficult to somtimes distinguish the difference between just doing your job,doing it well or even manipulating clients into parting with their money....and even reading through as I type I ealise that im not expressing myself that well...but usually to protect both the client and worker there is a "no gift " rule

I really dont want to suggest that all carers are bad or excessivly good...but its generally accepted that they do not accept gifts of money.
I have dealt with many carers and to be honest I think they do a wonderful job...they are there to look after my mum when I cant and to me that is such a help.But there are families who dont have contact with elderly relations and may become flustrated at the prospect of losing any inheritence that they think they should have because their relation has decided to give it to a carer.
This is one reason why there is a clause usually in the carers working contract to prevent them accepting a cash gift by way of will.
I do understand that you want your mum to be lucky however families and inheritence and elderly relations can sometimes be a sticky subject...so its best to just leave your mum to do as her employer suggests with the money.

kingfisherblue

My daughter is a care assistnat for more than one agency, and all have the rule that staff cannot accept gifts, monetary or otherwise. Nor is she allowed to give gifts to her clients. It might seem a bit unfair when you want your mum to enjoy her windfall, but it is a sensible rule to protect the clients, who are usually vulnerable. Instead of it being offered to a charity as her employer suggested, I would suggest that you mum informs the executor of the will that whilst she is flattered, she is unable to accept for the above reasons. She could then suggest that it is donated to charity. If your mum donates it, presumably it means that she has to accept it first - which is against the rules in her contract. It could leave her on slippy ground int he future, and I wouldn't want to leave her open to anything that could come back and bite her on the bum.

LEJC

thanks kingfisher...I think thats exactly what I was trying to say...and failed miserably!

meritaten

are you saying that your mum has recieved a cheque from the solicitors admininstering the estate? in which case, technically she HAS recieved a gift. or legally speaking - a bequest.
I wouldnt have turned in the money to the employers - they have no right to it as its in your mums name. and how would they be able to donate the money (tho if the relatives did kick up about it all the executors or solicitors would know is that the cheque was accepted and cashed) without cashing the cheque? IYKWIM?
I think the Agency need to be clear on whether a bequest is the same as a gift (they are two different things) and whether they are to be treated the same.
To Cover herself, she could ask for the cheque back to be returned to the executors/solicitors, declining the bequest and ask that its either returned to the estate or donated to charity in the Estates name.

Errata

If someone is bequeathed something in a will and they don't want or can't accept the bequest I think the will can be altered by having a Deed of Variation carried out.
It's all very well employers like care homes forbidding their staff to accept gifts, but the executors of a will are required by law to carry out the wishes of the will maker as set out in the will.
A Deed of Variation can only be done with the agreement of all those inheriting under the terms of the will. This will cost money. So who pays - the estate, resulting in perhaps less for the inheritors? The care worker, in this case? The employer?

babymoo

TBH if my mum died, i wouldnt really care if £5k of the inheritance went to a carer who helped my mum stay in her own home and made her last few weeks/months/years enjoyable. They would be more than welcome to it. All I'd want is my mum back!!

My mum is a home carer and has a close bond with a few of the elderly that she looks after, shes not after anything, she loves her job and has always wanted to be in the profession she's now in. She's not after their money, she's there to make their lives that little bit easier. If she ever got left any money from anyone I think she would be mortified to be honest and she bloody deserves some good luck but I know she would probably give it all to charity regardless. I can see why companies have these clauses but the carers are only human and are going to get close to the people they care for.

moggitymog

I thought that if it's left in a will that would be OK, the reason gifts can't be accepted is so there can be no favoritism, this can't occur if the patient has passed away