Deprivation of Assets

Kansas
Kansas Forumite Posts: 8
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My mother unfortuntely has Dementia and my father is her carer, they are both in their 80s and have no will.   I have a brother who was in an accident and is in a care home for the past 5 years and is fully funded by health and social care.   If my father were to manage to make a will for himself and my mother, naming myself as the sole benficiary, would the local authority see that as Deprivation of Assets regarding my brothers care home fees? Want to keep everything above board and avoid hassles!

Thanks

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  • poppy12345
    poppy12345 Forumite Posts: 17,409
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    If your brother isn't left anything in their will then it will not affect anything he claims because he wouldn't have received anything for it to affect it.
  • Icequeen1
    Icequeen1 Forumite Posts: 430
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    If your Mother has dementia, is she capable of making a will? If not, then only your Father would be able to make one. 
  • Keep_pedalling
    Keep_pedalling Forumite Posts: 15,395
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    Apart from care fees would you brother not benefit from an inheritance as well as you? Sounds like it is too late for your mother but your father should make a will, perhaps leaving your brother’s in trust. He should speak to a STEP solicitor.
  • MEM62
    MEM62 Forumite Posts: 4,593
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    Kansas said:
    If my father were to manage to make a will for himself and my mother, naming myself as the sole benficiary, would the local authority see that as Deprivation of Assets regarding my brothers care home fees? 
    Deprivation of assets?  How so?  Your brother cannot deprive himself of assets that he does not have.  
  • sevenhills
    sevenhills Forumite Posts: 5,559
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    Your mother, or father may need care?
  • ader42
    ader42 Forumite Posts: 257
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    Kansas I think you are clear, there is no deprivation of assets.
    Local authority would only look into your brothers finances, not your parents.

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