Deprivation of capital for a 90 year old

runninglea

Hi This is about my Nan

At present she is in a care home paying the minimum amount with the council paying the rest.

This could all be about to change as my nans daughter has sadly passed away with nan being next of kin.

We have informed everyone of the possible change in circumstances but as always intestate wills take time to sort etc.

It certainly looks like there is more than 50K so my nan will have to fund the £386 per week herself..

This has annoyed alot of relatives who thought they would get some of the monies however it seems that it all goes to my nan.

If this is found true then what is classed as deprivation of capital:-

For example is my nan gave £200 to each grand child on their birthday would this be classed as doc

Is there any 'figure' which below is Ok but above this then the authorities will not take kindly.

Another thing is that her TV is on its way out, it is the care homes, but they said she could bring in her own. If we went and bought her a £400 tv for her own use in the home would that be classed as doc?

Thanks

Torry_Quine

Is there a will leaving the estate to your grandmother as you mention an intestate will and you either have a will or die intestate?

Certainly presuming she gets the money things like a new TV and gifts to grandchildren as she would usually do are fine.

Mojisola

I'm assuming there was no will and the estate is being distributed according to the intestacy rules, in which case everything would go to the parents of the deceased. Assuming that your Nan is a widow, everything will come to her.

When she becomes self-funding, she should apply for Attendance Allowance. If she gets that, the AA and her pension will pay some of the weekly fees. Work out how much she will need to draw from the capital to make up the difference and see how many weeks it will cover.

After the capital reduces to £23,500 she should be able to get help with the costs. If she gives too much away too quickly, the issue of deprivation of capital might be raised. She will be judged as still having what's been given away.

She can certainly buy herself a new TV, new clothes if she wants them, a comfortable airchair, etc. If she hasn't been in the habit of giving lump sums to the grandchildren in the past, it might be questioned but there's no explicit list of what's allowed and what isn't.

runninglea

Torry_Quine wrote: »

Is there a will leaving the estate to your grandmother as you mention an intestate will and you either have a will or die intestate?

Certainly presuming she gets the money things like a new TV and gifts to grandchildren as she would usually do are fine.

Sorry I put that wrong, my auntie died intestate so everything goes to my nan through the rules.

This has upset alot of the members of the family, my dad (aunties brother) especially. He assumed it would all go to him.

Thanks for the response she needs a new tv, and there is an armchair which my other nan has bought, which elevates the person so it is easier to get in and out of the chair.

Again these cost about £700- £1000 so I would assume that this is ok

runninglea

Mojisola wrote: »

I'm assuming there was no will and the estate is being distributed according to the intestacy rules, in which case everything would go to the parents of the deceased. Assuming that your Nan is a widow, everything will come to her.

When she becomes self-funding, she should apply for Attendance Allowance. If she gets that, the AA and her pension will pay some of the weekly fees. Work out how much she will need to draw from the capital to make up the difference and see how many weeks it will cover.

After the capital reduces to £23,500 she should be able to get help with the costs. If she gives too much away too quickly, the issue of deprivation of capital might be raised. She will be judged as still having what's been given away.

She can certainly buy herself a new TV, new clothes if she wants them, a comfortable airchair, etc. If she hasn't been in the habit of giving lump sums to the grandchildren in the past, it might be questioned but there's no explicit list of what's allowed and what isn't.

Thanks, so once she is paying the full amount she can then claim attendance allowance.

She really wants some new clothes, a 'special' armchair and a new tv, so I dont see why she cant have these comforts now that she can afford it.

Torry_Quine

runninglea wrote: »

Sorry I put that wrong, my auntie died intestate so everything goes to my nan through the rules.

This has upset alot of the members of the family, my dad (aunties brother) especially. He assumed it would all go to him.

Thanks for the response she needs a new tv, and there is an armchair which my other nan has bought, which elevates the person so it is easier to get in and out of the chair.

Again these cost about £700- £1000 so I would assume that this is ok

Things like the chair will be absolutely fine. She can get bits and pieces to make life more cofortable.

There's nothing your Dad can do about it as your gran has to take the
money.

Also agree that she will now be able to claim AA.

YesWillMan

Nan being next of kin it is assumed that the deceased died without a living spouse or any children. What a shame that she did not make a will. It never ceases to surprise me, doing wills as I do, that people in the most obvious situations needing a will just never bother.

Deed of Variation would work but the deprivation of capital would apply. But with the use of annual gifts you could still reduce the capital on a regular basis.

runninglea

YesWillMan wrote: »

Nan being next of kin it is assumed that the deceased died without a living spouse or any children. What a shame that she did not make a will. It never ceases to surprise me, doing wills as I do, that people in the most obvious situations needing a will just never bother.

Deed of Variation would work but the deprivation of capital would apply. But with the use of annual gifts you could still reduce the capital on a regular basis.

Thanks for your reply, my uncle was alot older and died several years ago, my auntie became ill, sold her house and moved into a 'posh' flat.

Personally I think she didnt make a will on purpose, as my dad and various other members would continually ask for new tv's etc. I have to say she would always try and help out whenever she could.

At present my nan has probate, but two out of the three banks have been emptied and the solicitors involved are trying to get this monies back.

[Deleted User]

a good idea would be for her to keep careful records of what she spends/receipts where applicable

runninglea

woodbine wrote: »

a good idea would be for her to keep careful records of what she spends/receipts where applicable

Yes will do, the first things are the tv and clothes then just a bit of extra spending money per week. At present she only gets left with £28 which goes on kfc's and magazines

princessdon

sorry but I giggling away at the KFC remark! My GM would spend it all on Fish and Chips, funny how they have their things.

I can see why you want to "spend the money quickly" so find a fine balance between the obvious and depravation of capital.

Does you dad take her out in the car? how old is his car? I would see nothing wrong with someone who came into money (from a relative) buying a car for their son to transport them. Not a £40K hummer - be reasonable.

Same with a family holiday (within reason)

A TV, clothes, gifts all reasonable won't be looked at too closely. She isn't expected to be frightened to open her purse in case they ask questions, just not deliberately spend the money in order to get benefits.

Just use common sense and you will be fine.