Deprivation of capital for a 90 year old

runninglea

yes one of the care assistants takes the time to buy her a kfc boneless chicken and a bottle of coke on her way in once a week.

As for crossword books, she must have a new one each day.

Its not the cost its trying to find her one that she hasnt had

tipsychick

I would take legal advice if I were you. I think your grandmother could sign a Deed of Variation, waiving her right to your aunt's estate and letting your dad and whoever else inherit instead. I think as long as the money doesn't hit your grandmother's accounts at any point you'd be okay from the DoC point of view.

Torry_Quine

tipsychick wrote: »

I would take legal advice if I were you. I think your grandmother could sign a Deed of Variation, waiving her right to your aunt's estate and letting your dad and whoever else inherit instead. I think as long as the money doesn't hit your grandmother's accounts at any point you'd be okay from the DoC point of view.

I don't think that's right. If she wasn't in receipt of benefit then it would be different but you can't turn down an inheritance and then claim benefits. Anyway why shouldn't she get the use of it to make her life more comfortable.

Mojisola

princessdon wrote: »

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.

If she was living at home maybe but she's in a residential care home so there wouldn't be a lot of reasons for her son to have a car on her behalf.

runninglea

Torry_Quine wrote: »

I don't think that's right. If she wasn't in receipt of benefit then it would be different but you can't turn down an inheritance and then claim benefits. Anyway why shouldn't she get the use of it to make her life more comfortable.

That is what we have been advised, since she is claiming care home fees then she couldnt have signed it over to anyone.

Nobody else in the family has understood this part of it

tipsychick

It might be worth seeking the advice of a solicitor who actually specializes in wills and probate to make absolutely sure of the position.

Rather than just taking pot luck with a high street solicitor, I think if you check that they belong to STEP, then they'll really specialize in that area of the law:

http://www.step.org/default.aspx

Mojisola

tipsychick wrote: »

It might be worth seeking the advice of a solicitor who actually specializes in wills and probate to make absolutely sure of the position.

The intestacy position is very clear. I can't see any need to pay for advice.

princessdon

My GM is in a nursing home and I take her out daily. I take her shopping, to the Drs and hospital appts (she needs someone with her as forgets what they say), I take her to the coast, I take her for her fish and chips, I take her to Bingo and I am basically a Taxi service for her.

As I say it is what is reasonable - if the relative has never taken her out before then this is different to someone who regularly has contact. Many relatives in care homes take them out (no one wants to be stuck in 4 walls day to day).

transport to a hospital means a lot of time waiting around (as they can come 2 hours early or 2 hours after an appt) meaning my GM who is in severe pain has to wait in an uncomfortable waiting room with her needs. she is also incontinent and so doesn't like sitting for 2 hours for an appt. I take her (when I can get off work, if not then she has to take the transport system with a care worker), but it is her preference that I take her.

She always offers me £1 - bless she has no idea on parking and petrol prices but she would be lost if I couldn't afford to pay for a car. If she was ever to come into money - I know she'd insist on a car as she knows it is of huge benefit to her.

tipsychick

Mojisola wrote: »

The intestacy position is very clear. I can't see any need to pay for advice.

Depending on how substantial the aunt's estate is, personally I'd be quite happy to pay for expert professional advice in the OP's position and have done so in the past.

I'll bow out now as this area isn't my cabbage patch.

Good luck OP whatever you decide!

Mojisola

princessdon wrote: »

My GM is in a nursing home and I take her out daily. I take her shopping, to the Drs and hospital appts (she needs someone with her as forgets what they say), I take her to the coast, I take her for her fish and chips, I take her to Bingo and I am basically a Taxi service for her.

As I say it is what is reasonable - if the relative has never taken her out before then this is different to someone who regularly has contact. Many relatives in care homes take them out (no one wants to be stuck in 4 walls day to day).

What you're doing is brilliant but I'm sure you're in the minority. The percentage of people in care/nursing homes who get taken out regularly is quite low.