[deleted]

viewfromhere

[deleted]....

swingaloo

But it isn't your money  or your choice to arrange a cash gift to a sibling. If you have power of attorney then anything you do has to be in your parents best interest. How can you consider letting your parents care  money run out because you have used it for someone else.

Browntoa

If the money is needed for their care then whatever you call it will not avoid the council calling it deprivation of assets.

As attorney you are putting yourself in a dangerous position , you need proper legal advice

[Deleted User]

viewfromhere said:

Hi, I need to arrange a cash gift to a sibling from a parent's care fund. Our parent moved to a care home last year and sold her house to help pay for the fees. My sibling is in desperate need of a sizeable amount of money due to an unforeseen circumstances, and I have agreed (as an attorney) to transfer the money from our parents account. We are looking for suggestions and/or advice on how to record the gift so that is either debited for any inheritance, or owed in case or parent runs out of money to finance the care home. We are also wondering if the money will be liable for income tax if it is given as a gift rather than a loan.  My initial thought was to amend out parents will accordingly, but any other advice would be welcome.

 What you suggest could see you being struck off as attorney, this certainly isn't in your parents best interests. 

Spendless

I'm not sure you can do this. I believe you have to act in your parent's best interest when in charge of their money. 

theoretica

What is your parent's condition?  Do they still have mental capacity?

Socajam

I read this and I could not believe that someone in your position would even write in to ask for an opinion on this.
What you are planning to do could be classified as "stealing" and as someone said have you disbarred.
Ask yourself this question:  is it worth helping your sibling steal from your parents?  I would not do it.
Let your sibling arrange a loan and deal with their financial mess without stealing from your parent.

Keep_pedalling

In addition to what others have said, you also cannot change your mother’s will, only she could do that and only if she has the mental capacity to do so.

You say your mother is in a care home, what about your father?

sheramber

I guess the OP didn't like the answers. 

[Deleted User]

sheramber said:

I guess the OP didn't like the answers. 

No and didn't notice I'd quoted their post! 

Sea_Shell

sheramber said:

I guess the OP didn't like the answers. 

I suppose we'll never know whether they took the points on board, realised they couldn't do it and now won't, or will just go ahead regardless.

Unfortunately there are probably many people who take on the role of PoA without really understanding their obligations and restrictions.

But rather than engage in a conversation to more understand, they've deleted their comment.