LPA and donor inheriting money - help needed

jamesd

It's a standard question. The LPA holder always has to be able to explain that for all spending that they do for the person.

But in your case, some of it wasn't you doing the spending for them, it was gifts to you. So you split the answer into two major parts:

1. The spending you were doing for them.
2. The money gifted to you by them.

For part 1 you need to explain why it's in their best interest, which is just going to be because it was spent on them for their benefit.

For part 2 you need to demonstrate that it was them making gifts to you and that they were aware and wanted to do it.

For LPA purposes there is no limit to how much can be gifted provided the person making the gift is of sound mind and knows what they are doing.

For deprivation of assets test for care if the council eventually gets involved in paying for care, any amount could potentially be considered to be deprivation of assets. But this is not what you're being asked about and you shouldn't discuss it unless asked specifically about it because it's not what those asking you are interested in.

MaryGibb

Hi guys I have been reading on Kittycat73's dilemma, does anyone know what happened to Kittycat73??

Pollycat

Kittycat73 has not been back on the forum since November 2013.

MaryGibb

Pollycat wrote: »

Kittycat73 has not been back on the forum since November 2013.

Hope she wasn't prosecuted

MaryGibb

Hi my husband and I have cared and been there for mum and dad for over 5 years now helping them and being the absolute support, we gave up most of our 5 years to be there for them on birthdays, father's day, mother's day, Christmas' and every Sunday taking them out for lunches, (as the rest of the family don't bother and only come see them when they need money) and also in between the week. Dad had deteriorated somewhat with dementia it started a year and a half ago but had mental capacity both him and mum when doing the LPA, however before the LPA dad and mum told us in a signed letter to take over their finances as they had lived their lives and we could now enjoy it, as long as we take care of them, which we intend to do, its been a long hard slog taking care of them ourselves at first then with carers and district nurses and dad being difficult by chasing them all the time, and then falling and we had to run, however he is adamant he wants us to also enjoy his money and so is mum as they are aware that we have been through thick and thin with them over the 5 years. There is enough money to take care of them in care homes however we have also enjoyed money as dad said its fine, is this a problem with the OPG?? Dad and mum are fully aware that we have spent some money on ourselves. The OPG has been told that we steal from them, but dad has said it is absolute nonsense and was even prepared to make a police statement to this effect. Very concerned! Dad and Mum still have mental capacity at this moment.

atush

That was a bit hard to read with run on sentences and no paragraphs.

I think the gist is you are using some of their money. Instead, maybe you should be looking at carer's allowance etc? Or they can gift you some now. but this could be problematic should they ever have to go into care (but I suspect you are trying to help them keep their independence).

Try Age concern.

MaryGibb

atush wrote: »

That was a bit hard to read with run on sentences and no paragraphs.

I think the gist is you are using some of their money. Instead, maybe you should be looking at carer's allowance etc? Or they can gift you some now. but this could be problematic should they ever have to go into care (but I suspect you are trying to help them keep their independence).

Try Age concern.

Sorry about non paragraphs


Atush, Dad is in an excellent care home, we are paying for that already, and mum is living with us. She intends to join him soon.


They also have a property valued at about £300k, mortgage free, which we going to rent out, and use towards their care as well. Also Dad has many investments which is going to go towards care.


I have also invested some of the money he gave us as well for 5 years ISA stocks and shares and will use it if necessary as well. The money they gave us was rather substantial. (oops) but as I say Mum and Dad are fully aware of what is going on and have their approval.


Again, how would the OPG view this?

dzug1

Who has said that you are stealing money? What evidence do they have?


There's two opposing views here:


1 you are effectively stealing money


2. your parents have the right to do what they want with their money, whether they make unwise decisions or not, and you are doing as they have instructed.


I really don't know what view the OPG would take. Remember they are looking at it from outside. The size of the gifts you have hinted at makes me a bit nervous.


And sorry - would agree your post is hard to decipher. I hope I've understood it correctly.

MaryGibb

dzug1 wrote: »

Who has said that you are stealing money? What evidence do they have?


There's two opposing views here:


1 you are effectively stealing money


2. your parents have the right to do what they want with their money, whether they make unwise decisions or not, and you are doing as they have instructed.


I really don't know what view the OPG would take. Remember they are looking at it from outside. The size of the gifts you have hinted at makes me a bit nervous.


And sorry - would agree your post is hard to decipher. I hope I've understood it correctly.

Drug1, A family member who feels hard done by, as dad and mum left everything in their will to my husband. As they feel the other children don't give a damn about them and have been caught stealing themselves.
NO EVIDENCE just a witch hunt

And no not stealing at all, as I said, Dad and Mum have full mental capacity, when they did the will and the signed letter authorising us to enjoy some of this money.

atush

Make sure they put it down in writing with independant witnesses. And perhaps instruct a solicitor with some of that cash (ie theirs) so as to keep things tidy/legal.

It seems they have enough to get round deprivation of assets rules, but it does concern me about the relative involved.

when they made the will, did they say within it why they weren't leaving money to their other children and were writing them out? This would help, as would leaving them a token sum instead of 0?