will we have to pay MIL debt now she has died?

margaretclare

Everyone who is in receipt of AA gets a leaflet along with it setting out clearly the conditions. Anyone in hospital for more than 4 weeks is not entitled to AA - reason: they're getting care and help with basic activities of daily living while in hospital. So MIL will have been told. If she was in charge of all her ingoings/outgoings then she will have known that. So any debt was her responsibility and should come out of her estate.

silvercar

margaretclare wrote: »

Everyone who is in receipt of AA gets a leaflet along with it setting out clearly the conditions. Anyone in hospital for more than 4 weeks is not entitled to AA - reason: they're getting care and help with basic activities of daily living while in hospital. So MIL will have been told. If she was in charge of all her ingoings/outgoings then she will have known that. So any debt was her responsibility and should come out of her estate.

People don't move from being capable of handling their affairs to incapable overnight, so if the PoA was enacted in December the chances are that MIL was getting towards being incapable at the time.

I would write to the DWP and tell them that the money was spent on the funeral and related costs, including travel, and see what they say. If they still demand it back, tell them the recipient of the money is in Australia (with proof), that may prompt them to agree a smaller settlement. You should warn the brother to start saving.

NYM

silvercar wrote: »

People don't move from being capable of handling their affairs to incapable overnight, so if the PoA was enacted in December the chances are that MIL was getting towards being incapable at the time.

I would write to the DWP and tell them that the money was spent on the funeral and related costs, including travel, and see what they say. If they still demand it back, tell them the recipient of the money is in Australia (with proof), that may prompt them to agree a smaller settlement. You should warn the brother to start saving.

What is the point of gaining POA if that someone can just ignore the duties and responsibilities it imposes on them ?


*edit*

According to this post, the MiL was already showing signs of Dementia in May last year.

sitcom321 wrote: »

I write a post last week about £700 withdrawn from mother in law account ladt month she was phyically unable to get to bank herself she is now suffering from dementia so not mentally able to let us know and none of the few people who visit admit to taking her or adking her for money, cheque was made out to cash.

specialboy

silvercar wrote: »

People don't move from being capable of handling their affairs to incapable overnight, so if the PoA was enacted in December the chances are that MIL was getting towards being incapable at the time.

I would write to the DWP and tell them that the money was spent on the funeral and related costs, including travel, and see what they say. If they still demand it back, tell them the recipient of the money is in Australia (with proof), that may prompt them to agree a smaller settlement. You should warn the brother to start saving.

It's not the recipients problem, it's the op's husband for spending the cash before he debts were settled, the buck stops there.

anmarj

Even if the mil had been capable, a third party can still inform the aa unit of any hospital admissions. A lot people assume that hospitals do this automatically, but the truth is they are under no obligation to do so.

silvercar

NYM wrote: »

What is the point of gaining POA if that someone can just ignore the duties and responsibilities it imposes on them ?

PoA ceases on death. So is not relevant to this. Who is executor is more relevant.

Given that there was a repayment plan in place, the PoA would be following what had been agreed.

I thought the costs of a funeral were allowed as a priority, does this extend to travelling to a funeral?

Errata

silvercar wrote: »

I thought the costs of a funeral were allowed as a priority, does this extend to travelling to a funeral?

The funeral cost is the funeral and doesn't cover mourner's expenses.

SandraScarlett

I think the OP should be cut some slack over this. It's all very well people posting that you get a leaflet explaining you must inform DWP if you go into a hospital, or care home, but at such a stressful time, it's hard to think straight.


I'm having an operation in a couple of weeks, and I have to arrange respite for DH, who has Alzheimer's. The place I would like him to attend, doesn't have any spare rooms at the moment, so I am desperately trying to find somewhere that does, and that meets DH's needs.


And if they have space, I find myself asking "why"? During the past couple of weeks, I have forgotten several birthdays and anniversaries, posted an unsigned cheque, and, after 50 years of blemish-free driving, reversed into gates, scraping the car.


The OP may well have to pay back the overpayment, but it's hard to think of everything, especially if your loved one is in a care home.


xx

Ms_Chocaholic

Was the funeral paid from the estate or did the OP's husband pay for this?

sunnyone

SandraScarlett wrote: »

I think the OP should be cut some slack over this. It's all very well people posting that you get a leaflet explaining you must inform DWP if you go into a hospital, or care home, but at such a stressful time, it's hard to think straight.


I'm having an operation in a couple of weeks, and I have to arrange respite for DH, who has Alzheimer's. The place I would like him to attend, doesn't have any spare rooms at the moment, so I am desperately trying to find somewhere that does, and that meets DH's needs.


And if they have space, I find myself asking "why"? During the past couple of weeks, I have forgotten several birthdays and anniversaries, posted an unsigned cheque, and, after 50 years of blemish-free driving, reversed into gates, scraping the car.


The OP may well have to pay back the overpayment, but it's hard to think of everything, especially if your loved one is in a care home.


xx

I hope everything turns out ok Sandra, you do an amazong job with your hubby and you can be forgiven for being a bit scatty atm.