How can we Protect my Sister's Inheritance

dancingfairy

Can you get her a cheap payg mobile which she can keep hidden somewhere maybe she can smuggle it out and have a quick chat when she is allowed to the shops?
How do you contact her now? Are you able to meet to speak without her husband there?
Does she understand this is not a normal relationship?
Does she want things to change? If she wants things to change then she can contact women's aid who can advise her without her feeling obliged. She doesn't have to leave him but she needs to feel like its her choice but also to believe she will survive this.
Df,

willieormandsheroes

Just back here after as while. No change in circumstances. Mum still with us and sister still being manipulated but still with husband. He is very good at playing the Mr Nice Guy for a day or two after a period of emotional abuse - and my sis just hopes he's changing this time (huh!). I sit on the end of the phone listening to her telling of her pretty miserable life...I am more than happy to do that. She knows my views on what she should do if she is so unhappy - but she just can't - for some reason - probably her very low self-esteem and hence lack of courage to make the break,

Just recently Mr Nice Guy started transferring all their state benefits (their only income - neither work - she is his carer) out of their joint account into a personal account he has of his own, he has set this up to happen immediately after their state benefits go into the joint account and has changed the password for that account and won't give her it, This means the only access she has to any money for anything is by asking him. Though, now that my brother has PoA over out mum's affairs, my sister's husband now knows that she can go to my brother for money - and so he husband doesn't give her any other than for food - and so my brother stumps up as our mum would want him to.

Anyway - back to the nub of the matter.

Reading back I am still not clear on whether in Scotland a financial inheritance immediately becomes a marital asset - to be split on divorce. A link to a Scottish solicitors website posted earlier suggests that it isn't included - but others post that it is.

SuzieSue

willieormandsheroes wrote: »

and so my brother stumps up as our mum would want him to.

I don't know about Scotland, but in England I do not think someone who has a PoA can give gifts like that even if they think that that is what the person would do. You can only use the person's money for their own benefit.

Mojisola

willieormandsheroes wrote: »

Just recently Mr Nice Guy started transferring all their state benefits (their only income - neither work - she is his carer) out of their joint account into a personal account he has of his own, he has set this up to happen immediately after their state benefits go into the joint account and has changed the password for that account and won't give her it, This means the only access she has to any money for anything is by asking him.

She should open her own account and get the CA paid into that so that she has some emergency money.

Keeping a partner short of money is considered to be abuse - what a shame she won't walk away from this man.

note3

She's very lucky to have you and that you're willing to listen to her woes. It is incredibly frustrating to see a negative situation, to see the path out and offer help to get there then watch the person remain as they are in a damaging cycle. That you are willing to keep being a supportive ear is a huge kindness as most people by now would feel they were banging their head against a brick wall so all pointless.

Also your continued presence is exactly what the husband will.not want. Abusers strive to cut out family and friends and you can bet your life he'll be trying to do this continually and to undermine you where possible.

JimmyTheWig

SuzieSue wrote: »

I don't know about Scotland, but in England I do not think someone who has a PoA can give gifts like that even if they think that that is what the person would do. You can only use the person's money for their own benefit.

I believe that gifts and donations are allowed if they are in-keeping with what the person did when they were in control of their own money.

Mojisola

JimmyTheWig wrote: »

I believe that gifts and donations are allowed if they are in-keeping with what the person did when they were in control of their own money.

AIUI, this is fine as long as they have plenty of money to cover all their needs. It would be hard to justify on behalf of someone without much capital and likely care needs.

jackyann

I'm afraid that I do think that your brother should stop giving her money other than small amounts for the most basic things.
I have worked with women who are manipulated like this - I have every sympathy, but your brother giving money keeps the whole dysfunctional relationship going.
So decide what is reasonable (bus fare to visit your mum & a cup of tea) and what is not (anything that benefits her partner / household). You can also set up an account for her use (such as a joint account with you that needs both signatures, no bank card) into which your mother can pay birthday & Xmas gifts.

You can yourselves seek advice from Womens' Aid as they have good advice for concerned relatives.

Linton

JimmyTheWig wrote: »

I believe that gifts and donations are allowed if they are in-keeping with what the person did when they were in control of their own money.

I believe not if the donor of the PoA is mentally incapable of running her own financial affiars. In this case the power of the Attorney to make a gift is very strictly limited to a few particular circumstances. See here. The link is about using gifts to reduce inheritance tax but it clearly explains the limitations.

AnnieO1234

From government site:

gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

to people who normally receive gifts from the person
on suitable occasions, eg birthdays, weddings
to charities that normally receive donations from the person
Gifts must be reasonable - read the guidance on suitable gifts.