Can Mum give me money?

Thamesview

Bryamb - you said at first I would have more problems with the LA than with my sister, then you say there is no legal reason to give it back.

Everyone, I'm confused, worried sick and fearful now of losing my home.

Does anyone know if the Law will make me sell and give back the money?

noelphobic

Thamesview wrote: »

Noelphobic - Mum had the stroke after she gave me the money. She didn't give me the money so that she didnt have to pay for her care, because she wasnt aware she was going into residential care. She spent the first few months in Hospital but her stroke took everything away from her...

no, I didn't mean to imply that she gave you the money to avoid paying for care. However, it is how the LA views it that is the important part. It is a grey area so I don't know if anyone could give you a definitive answer.

I don't personally believe that anyone should have to pay for care that is provided because of illness, but that is another story and one that is often hotly debated on here!

I know what it is like to see someone you love changed forever by an illness as my own mum had dementia. You have my sympathies.

Thamesview

What is Deprivation of Assets?

How could I deprive the LA of money when my mum was fit and healthy when she gave it to me. There's no way she would have given me money so as not to pay for her care - she didnt know she was going into care and neither did I.

noelphobic

Thamesview wrote: »

Does anyone know if the Law will make me sell and give back the money?

Do you mean the law or the LA? Is your house solely in your name, rather than in joint names with your mum? I think the worst case scenario would be that your mum would be assessed as though she still had the money she gave to you before her illness. If that was the case then it could be that she would be expected to pay the full fees for the home. If they could be paid without the sale of your home then the LA would be happy with that, but I do know from experience that care and nursing home fees are extremely expensive.

This is a complex area so I don't think anyone can give you a definitive answer unfortunately.

noelphobic

Thamesview wrote: »

What is Deprivation of Assets?

How could I deprive the LA of money when my mum was fit and healthy when she gave it to me. There's no way she would have given me money so as not to pay for her care - she didnt know she was going into care and neither did I.

this link should explain

http://www.ageuk.org.uk/home-and-care/care-homes/deprivation-of-assets-in-the-means-test-for-care-home-provision/

Thamesview

I'm sorry noelphobic, my mum has changed so much too. She's now curled up in bed and can only move one arm and can move her head slightly, she doesn't always recognise me when I go in but she then seems to know it's me after a while. She can't ask for anything, I have to guess what she wants and when I guess right, she nods and smiles.

SailorSam

I wondered this morning if the Govt have plans to change the rules about deprivation of assets. Did anyone see Nick Clegg on the Andrew Marr show. He spoke about allowing parents to give away their pensions to their children to help them buy a house.

bryanb

Thamesview wrote: »

Bryamb - you said at first I would have more problems with the LA than with my sister, then you say there is no legal reason to give it back.

Everyone, I'm confused, worried sick and fearful now of losing my home.

Does anyone know if the Law will make me sell and give back the money?

The LA will not require you to sell your house. However they may well regard your mother as still having the proceeds of the sale of her flat.
Your sister has no claim on the money given to you.

You ignored the question in post 8. Why?

noelphobic

Thamesview wrote: »

I'm sorry noelphobic, my mum has changed so much too. She's now curled up in bed and can only move one arm and can move her head slightly, she doesn't always recognise me when I go in but she then seems to know it's me after a while. She can't ask for anything, I have to guess what she wants and when I guess right, she nods and smiles.

It is absolutely heart breaking and it adds insult to injury that people who are as ill as this are expected to pay for their own care. There would be outrage if hospital patients were expected to pay hundreds of pounds every week for their care and this is no different as far as I'm concerned.

It is good that your mum has someone who cares so much and I hope the home is looking after her well.

noelphobic

SailorSam wrote: »

I wondered this morning if the Govt have plans to change the rules about deprivation of assets. Did anyone see Nick Clegg on the Andrew Marr show. He spoke about allowing parents to give away their pensions to their children to help them buy a house.

what will the parents live on if they do that?