Depravation of assets

elsien

There’s probably an awful lot more to those ones.
Tell her to be kind to herself. Caring can be a lonely and stressful business

Mojisola

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.

This £16k has now been repaid to bank account

Why has it been repaid?

Has the daughter now had to stand the cost of the work and mortgage payments out of her own money?

RAS

lorrc said:

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 

Your advice to her was (probably) wrong.

She is fully entitled to be repaid for anything she paid for to ensure her mum's home was safe, functional and funded. So she should not have repaid anything that was intended to achieve that.

If she paid for the house to be re-roofed and need re-paying, that's a legitimate request not deprivation of assets, even if mum unexpectedly needed care 3 months later.

Why is she not applying to be attorney.

And it is her decision whether she wants to be informed of events.

Spendless

lorrc said:

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

I'm confused. The Mum who had capacity at the time gave daughter £16K in order to update Mum's house with a new kitchen and bathroom? 
In which case why did you tell daughter she had to repay the  money that had already been spent on her Mum's house at Mum's request. 
Is there a typo in there, or am I just not  grasping something? 

Gavin83

Spendless said:

lorrc said:

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

I'm confused. The Mum who had capacity at the time gave daughter £16K in order to update Mum's house with a new kitchen and bathroom? 
In which case why did you tell daughter she had to repay the  money that had already been spent on her Mum's house at Mum's request. 
Is there a typo in there, or am I just not  grasping something? 

It might be that it's late but I'm also really struggling to follow the sequence of events.

So the woman who's gone into care gave her daughter £16k for home improvements, although this wasn't actually spent on home improvements. She's now paid this back. Is that the gist of it?

If it's been paid back it really isn't a concern. Prosecutions are only applicable if it's a safeguarding issue, ie: the money has been stolen or forced out of the individual in some way. She willingly handed over the money when she had the capacity to do so. If the money was lent and wasn't spent on renovations then depending on what it was spent on the daughter might not have been required to pay it back.

Don't worry about safeguarding or deprivation of assets though. From what you've written here it seems neither apply.

Spendless

lorrc said:

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 

Surely only the part that wasn't used for renovations needed returning not the whole lot. 

Mum who has capacity at the time gives daughter £16k to pay for a new bathroom/kitchen and make some mortgage payments - don't know why daughter needed to do last bit herself rather than a direct debit  - but understand bathroom/kitchen wanting someone younger to sort it out.
 Eg
Daughter gets as far as spending £2k  on the above before Mum is judged ill enough to need a care home. Surely only £14k needs to be paid back, the other £2K has gone on spending Mum's money on Mum's home at Mum's request when she had capacity to make such decisions. 

@Gavin83 - Thanks for the explanation. It then made more sense as I read through.

TBagpuss

YEs - as above . Money spent to carry out inprovements or adaptations to mum's houseso mum could live there is not deprivation of assets, even iof mum's health then deteriorated so she had to go into a care home.

Money given to daughter in order to find works, where the work wasn't carried out because mum because iill - quite correct to return it.

Money spent paying the mortgage or other outgoings on Mum's house until it is sold - these are mum's expenses so shouldeither be paid from her bank account or if that isn't possible, if daughter pays she needs to keep records and request reimbursement from the deputy once deputyship is gratned.

If mum were to die before daughter is reimbursed thenthe estate should reimburse her (although in practice if she is also the beneficiary that would probably  only be relvant for getting the accounts straight - and possibly in terms of tax liability if IHT applsie)