LPA and donor inheriting money - help needed

xylophone

hi I need help aswell

http://alzheimers.org.uk/site/scripts/documents_info.php?documentID=154

Mojisola

Jovibear wrote: »

I am my dad's only child and he has written a will bequeathing all of his assets to me whenever he should pass away.

I am concerned that in the near future my dad will need to live in a nursing home if his mind deteriorates (I have 3 young children and won't be able to care for him). Rather selfishly, knowing that with cash in the bank my dad will have to pay for such nursing care, I wondered if there's anyway in which the inheritance due from my uncle's estate can come directly to me as the attorney (therefore not passing thru my dad's account).

The money will come to me eventually and I 'm trying to avoid it being frittered away on nursing home bills. I know it sounds incredibly callous - but just interested if anyone knows about this area? Thanks.

The money won't come to you if it's spent during your father's lifetime - it's not your money until he dies!

Check with your father's LA about the level of residential care that they fund. In my area they will pay about £400. Then go and visit the homes that charge that and a few others which charge a bit more. Which one do you think your Dad would like to spend his last years in?

Pollycat

Mojisola wrote: »

Which one do you think your Dad would like to spend his last years in?

C'mon, Mojisola - we know the answer to that one.
The cheapest one the OP can find, of course.
Anything more than that would be 'frittering away his/her inheritance'.

I doubt that it matters what the OP's Dad would like.

dzug1

kittycat73 wrote: »

hi I need help aswell my parents gave me lpa last year and throughout the year I have struggled financialy so my mumj has let me use her bank account to pay for things she has also gifted me a large sum of money now the office of public guardian has wrote to me asking for lots of imformation including documentation from the accounts does any1 know what the next step is and what will happen best and worse case scenario im concerned because of the transactions I have made for my day to day living

The next step is you provide the OPG with the details they require

Worst case scenario if they think you have made the gifts to yourself (ie taken money) is that they will take over the Power of Attorney from you and possibly prosecute you

Best case is that they will be satisfied that your mother made the gifts herself (eg she signed the cheques herself or accept your statement that she told you to take it) in which case they will do nothing.

But I'm a bit puzzled to why they are involved - they rarely monitor the conduct of LPA holders. Maybe your father (or someone else who is concerned about you maybe stealing money) has dobbed you in.

In the longer term there is the deprivation of assets angle that people have been mentioning - but that's not directly the concern of the OPG. They might alert the local authority.

kittycat73

i think i know who it was the money was gifted from a bond which she signed over herself and has ben used to help[ pay for her care and also renovate the family home to sell while i live there she has also signed bank statements approving the transactions i have made to help me out over the last year or so just not sure what will happen next

jamesd

kittycat73 wrote: »

hi I need help aswell my parents gave me lpa last year and throughout the year I have struggled financialy so my mumj has let me use her bank account to pay for things she has also gifted me a large sum of money now the office of public guardian has wrote to me asking for lots of imformation including documentation from the accounts does any1 know what the next step is and what will happen best and worse case scenario im concerned because of the transactions I have made for my day to day living

First thing:

Do not in any way attempt to conceal, mask, hide or minimise the fact that the money has gone to you. Any sign at all of concealment may cause the public guardian to believe that it was not being done with the full knowledge and agreement of your parents.

In this situation it is also good to ensure that all payments to you are done by your parents, so that there can be records showing that they did it and knew about it. For example, I'm an authorised person to give instructions about a bank account but I insist that any payments to me from it are done by the account holder, so there can be no useful claim that I acted improperly.

I don't know whether the public guardian would accept it but you might give them a phone call with a brief summary and ask them to give your mother a call so that they can initially satisfy themselves that way that the use was legitimate.

kittycat73

my mum has signed all the bank statements with all the transactions I have made but they were for my day to day living to help me through a very spitefull and horrendous separation everything has been signed and documented by her

kittycat73

I have also been topping up there fee's for the nursing home with the money she gifted from me not sure if that has made it better or worse

jamesd

That looks pretty good - the signatures on the statements are useful.

kittycat73

the money she gifted to me has been used mainly to renovate the house and care home fees but surely if she gifted it why would they want details of where it all went