Paying for Son in Law's operation

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Hi, my mum & dad are both in their 80s with poor health (one mental and one physical). They would like to pay for my Brother-in-Laws hip operation as the current wait time in his area is up to 2 years. The cost is around 12k. Would this be seen as wilfully reducing an social care cost or is it acceptable given the one off circumstances?

thank you very much

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  • NCC1701-A
    NCC1701-A Posts: 357 Forumite
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    You have POA for them both and look after their finances. 

    https://forums.moneysavingexpert.com/discussion/6226900/gift-allowance-and-care-cost

    Is it a coincidence the cost of surgery matches the 2 year rolled up gift allowance for them both?

    You need to act in their best interests, not your brother in laws.
  • Savvy_Sue
    Savvy_Sue Posts: 46,109 Forumite
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    NCC1701-A said:
    You have POA for them both and look after their finances. 

    https://forums.moneysavingexpert.com/discussion/6226900/gift-allowance-and-care-cost

    Is it a coincidence the cost of surgery matches the 2 year rolled up gift allowance for them both?

    You need to act in their best interests, not your brother in laws.
    Having read this then never mind deprivation of assets, as Attorneys you CANNOT give this sum of money away, because this is not in the best interests of your parents. 

    If in doubt, ask the Court of Protection. 

    However, if your mother retains capacity (the earlier thread indicates Dad does not have capacity), and she is capable of giving this money away herself, from her own assets, then she can still do what she likes. So if she wants to do that, my questions above stand: does it matter? 
    Signature removed for peace of mind
  • Brie
    Brie Posts: 10,427 Forumite
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    edited 5 March 2022 at 7:38PM
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    Any reason it couldn't be a loan instead of a gift?  At zero percent over 20 years?  Obviously not if it materially effects them as indicated by Savvy_Sue.
    "Never retract, never explain, never apologise; get things done and let them howl.”
  • clonkel
    clonkel Posts: 37 Forumite
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    thank you for the replies. The operation is legitimate and there is a trail for all of the paperwork/diagnosis etc. Yes it could be a zero percent loan. Yes we have POA but father has made the offer up front. We raised the deprivation of assets when it was suggested. The value of 12k is only an average as it will lie somewhere between 10k and 14k depending upon the provider.

    It is around 10% of their cash savings. 

    Mother does not have capacity, this is not diagnosed or legal its just that her MH has deteriorated whereas father is fine although his physical health is very poor.

    We can structure it either as a gift or loan but the concern, after we mistakenly thought they could gift 3k each per year, was that we did not want to follow up that mistake with another.

    I have been in-touch with Age UK who have given me a number to ring on Monday in order to speak with a more technical person.

    It should be said that we would manage all of the transactions not Sister or BiL so there is a trail for the LA to follow in the future should that be necessary. The smart money would be on dad going first and mum going into some form of care. Of course I could die tomorrow so who knows.

    thanks again.
  • clonkel
    clonkel Posts: 37 Forumite
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    edited 5 March 2022 at 8:20PM
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    Oh sorry I should have said that @Savvy_Sue and @NCC1701-A have very good point in that we have to manage their interests before BiL's need.
  • Sea_Shell
    Sea_Shell Posts: 9,508 Forumite
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    Am I right in thinking that if one "goes private" for something like this, you're also liable for all additional and unexpected costs if there are any complications, and further extended treatment, or hospitalisation is required??

    Can you "bail out" back to the NHS?


    How's it going, AKA, Nutwatch? - 12 month spends to date = 2.38% of current retirement "pot" (as at end April 2024)
  • 74jax
    74jax Posts: 7,929 Forumite
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    clonkel said:
    Oh sorry I should have said that @Savvy_Sue and @NCC1701-A have very good point in that we have to manage their interests before BiL's need.
    Completely. Having POA puts their interests way above the BIL. 

    Forty and fabulous, well that's what my cards say....
  • clonkel
    clonkel Posts: 37 Forumite
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    edited 5 March 2022 at 10:08PM
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    @Sea_Shell Yes it is the case that in the case of complications then you are passed back to the NHS (that is my experience but could be different in other cases)
  • honeypop
    honeypop Posts: 1,502 Forumite
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    edited 9 March 2022 at 1:46PM
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    Sea_Shell said:
    Am I right in thinking that if one "goes private" for something like this, you're also liable for all additional and unexpected costs if there are any complications, and further extended treatment, or hospitalisation is required??

    Can you "bail out" back to the NHS?


    My husband had a private hip replacement last year and the cost included a certain amount of after-care and rehab/physio, anything that fell outside of that timeframe would either have to be paid for additionally, or diverted back to the NHS where you would be subject to the usual waiting times/lists. The rehab provided privately didn't get him as far as being 'back to normal daily life' so then the option was to pay the hospital to continue, find alternative arrangements and pay for that, or be put on NHS waiting list for physio which at the time was way over a year long and he physically couldn't have waited that long. 

    If it helps to know, when he had his private consultation and they provided the costings, he had to specify on a form whether the money was being paid from his own account, insurance, loan etc and as it was being paid by someone else it was requested to be paid directly to the hospital by that person (or from their account). So if it's the same, @clonkel your parents would pay the hospital directly, rather than transferring the amount to your BIL to then pay onwards. Also, maybe it's different in other parts of the country, but the total cost was more than you've referred to.
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