Hi my mum in law has mild dementia but still has capacity to make decisions.She cannot read or write so my husband has LPA.She has some shares which have been sold and money placed in her account.She has said she wants to gift the money 50/50 to her sons.Legally is this ok ?My husband has been jointly on her bank account for 8 years even before the LPA was done as she couldn’t pay bills or read letters after her husband died.We want to be sure we are legally correct .Any advice appreciated
Gift
- Thread starter Roziii
- Start date
Hello @Roziii
I`m no expert but I think your mum in law can gift whatever she wants unless there is any chance she may need it in the future, however far ahead, for residential care.
If it is ever needed for care and has been gifted, it will possibly have to be repaid.
The Helpline will be able to give you more definite information as will the Citizens Advice Bureau.
National Dementia Helpline
0300 222 11 22
Helpline opening hours:
Monday to Wednesday 9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm
Citizens Advice Bureau
https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/
I`m no expert but I think your mum in law can gift whatever she wants unless there is any chance she may need it in the future, however far ahead, for residential care.
If it is ever needed for care and has been gifted, it will possibly have to be repaid.
The Helpline will be able to give you more definite information as will the Citizens Advice Bureau.
National Dementia Helpline
0300 222 11 22
Helpline opening hours:
Monday to Wednesday 9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm
Citizens Advice Bureau
https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/
In addition to considering deprivation of assets there is specific guidance relating to gifting by attorneys. Here's a link, with details of how to contact the OPG for advice if necessary: https://www.gov.uk/government/publi...pg2-giving-gifts-for-someone-else-web-version
hi @Roziii
just be careful ... definitely worth reading the info on that link
I appreciate that someone who still has capacity can make decisions for themselves, even unwise ones ... however if there's the possibility of needing to fund care, the person needs to think things through ... and an Attorney has the duty not to act in any way that benefits themselves
I appreciate that your mil has health issues that are life limiting, but people can surprise with how long they hold to life ... and you may fully intend to look after her in her own home, however there can be situations where residential care is the only real option
maybe it's wise to have her keep hold of her funds for now ... I am assuming that she has a will in place and has therefore made clear how she wishes her estate to be dealt with
just be careful ... definitely worth reading the info on that link
I appreciate that someone who still has capacity can make decisions for themselves, even unwise ones ... however if there's the possibility of needing to fund care, the person needs to think things through ... and an Attorney has the duty not to act in any way that benefits themselves
I appreciate that your mil has health issues that are life limiting, but people can surprise with how long they hold to life ... and you may fully intend to look after her in her own home, however there can be situations where residential care is the only real option
maybe it's wise to have her keep hold of her funds for now ... I am assuming that she has a will in place and has therefore made clear how she wishes her estate to be dealt with
