Depravation of assets

lorrc

Help ! 

Please no opinions - I just need advice from anyone who knows what they’re talking about 
Sister in a care home with dementia, stroke, Parkinson’s 
court of protection going through with the state as deputy 
a close family member (only daughter)has received £16k from mum for mums house improvements (bathroom, updated kitchen)and paying a mortgage whilst caring for mum prior to admission to care home after stroke and quick decline in health. Mum was at that time able to make decisions  and family member is only person on the will. They are very close - having cared for her during pandemic and my sister caring for her daughter after being widowed a few years ago . 
This £16k has now been repaid to bank account 
Sister  has bungalow worth £350k to be sold by authorities in due course 
i Believe this to be a genuine ignorant act which was Ill judged and very silly

Would any further action be taken by authorities against daughter and if so best course of action for my neice. She has come to me asking for advice and obviously realising her error

elsien

The will has nothing to do with anything.
If mum had capacity at this time she made the decision then that was her choice to make. The only comeback for the daughter would be if there were any safeguarding concerns, which have now been mitigated anyway by a deputy being applied for and the return of the money.
I really can’t see this going any further. It’s hard enough to get anyone to act when there’s clear theft going on, which obviously isn’t the case here from what you’ve written.
Tell her to stop worrying. Mum’s assets are properly protected now that she has lost capacity to manage them herself. That’s all that will be on anyone’s radar.

RAS

Has anyone "in authority" queried these payments? If so, why?

What age is the daughter and was she living in mum's house before mum went into care?

If the daughter paid mum's bills prior to her admission to care, she is entitled to be re-imbursed for the costs.

It's possible that mum will live long enough to use up all mum's assets, and also possible she will die before they are exhausted.

lorrc

Nobody’s questioned it as court of protection still going through 
mum and only daughter always been close but not living together previously 
daughter 55 now and finds life difficult and suffered with anxiety - hence ignorance on her part 
it was a very difficult time during pandemic caring for my sister 
she has receipts for works done in bungalow 

elsien

As per the other poster, if thework needed on the house was legitimate and Mum was fully aware of what she was doing when she paid for it then it’s not it’s not deliberate deprivation of assets.
DDA is when people are giving money away specifically to avoid paying care home fees. From what you’ve written that wasn’t the intention here anyway.

lorrc

What was concerning  me was that out of the £16 k only a part of this was used for renovations 
in any case it has all been returned 

RAS

lorrc said:

a close family member (only daughter) has received £16k from mum for mums house improvements (bathroom, updated kitchen) and paying a mortgage whilst caring for mum prior to admission to care home after stroke and quick decline in health.

If mum was re-imbursing daughter for money the daughter spent getting work done on mum's house and paying mum's mortgage, then there is no problem.

That has been repaid - what prompted the daughter to do that? 

Sister has bungalow worth £350k to be sold by authorities in due course 

i Believe this to be a genuine ignorant act which was Ill judged and very silly

Doesn't sound a problem to me, who is putting the wind up the daughter?

I actually had a complaint made against me by a relative when I was attorney. Since the only things for which I received payment was stuff like buying clothes for the DP, it failed.

And if mum had been in fully capable, there'd have nothing to stop her paying the daughter's mortgage for a while if she had to live with mum for a bit

Would any further action be taken by authorities against daughter and if so best course of action for my neice. She has come to me asking for advice and obviously realising her error

Why is the daughter not applying for deputyship, if she is so close to her mother?

lorrc

my neice lost her husband suddenly 
a short while later her mum started declining and needed care 
during the pandemic my niece found it difficult to deal with and had little/no help from gp or social workers - in any case she couldn’t cope with it and was off work with anxiety and stress 
it is a right mess 

lorrc

I told her to repay it and that she shouldn’t have accepted any money due to mums frailty 

the authorities have contacted her asking if she would like to be informed of events - this has set it off 

lorrc

Thanks for your comments 
I have out my mind at rest and will try to do the same with my neice
the money has been repaid and I think that will be enough to stop any further questions by LA 

lorrc

My neice googled similar stories and saw relatives had been prosecuted and was worried