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Deprivation of assets - paying for partner's funeral costs

Discussion in 'I care for a person with dementia' started by mikejohnson, Feb 9, 2016.

  1. mikejohnson

    mikejohnson Registered User

    Feb 9, 2016
    3
    Hello all,

    My mum has severe dementia and is in a nursing home. I'm her son and dealing with her financial affairs. Unfortunately my father passed away recently and we need to sort out paying for the funeral costs.

    Does anyone know whether those costs can be paid from my mother's (relatively small) assets, or do they need to be paid from my father's estate?

    I'm concerned that if we paid them from my mother's savings, that would be regarded as deprivation of assets.

    Thank you
    Mike
     
  2. lin1

    lin1 Registered User

    Jan 14, 2010
    9,322
    Female
    East Kent
    Hello, Welcome to TP.
    I am sorry to hear your Father has passed away, my condolences to you.

    I'm no expert on this, others who are will be along soon.
    I assume it's best to pay for the funeral costs from your Fathers estate
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    19,034
    Male
    North Manchester
    Banks will usually release funds for funeral costs prior to probate or letter of administration, they just need to see the death certificate.
     
  4. mikejohnson

    mikejohnson Registered User

    Feb 9, 2016
    3
    Yes - there's no problem with getting the money released etc. I just wondered whether, if there were a choice, would it be an option to use a difference source to cover funeral costs apart from the deceased's own assets - in this case my mother's assets. The sensitive issue is, she is in a nursing home.
    Thank you for taking the time to reply!
     
  5. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    As the cost of the funeral is a debt due from your father's estate my feeling is that for your mum to pay to pay it out of her assets would be viewed as a deliberate deprivation of assets. If your father's estate does not have sufficient assets to cover the cost then it might be different.
     
  6. Witzend

    Witzend Registered User

    Aug 29, 2007
    4,296
    SW London
    Presumably any money left by your father will eventually go to your mother anyway, or at last a good part of it? So I wouldn't honestly think it'd make much difference whose account pays it now.

    After my mother died last summer her bank would not release her funds to the executors to pay for her funeral. However they said that if the bill was forwarded to them - presumably to their Probate Dept., then they would pay it directly. The funeral directors seemed quite happy with this so I would guess it's not unusual.
     
  7. mikejohnson

    mikejohnson Registered User

    Feb 9, 2016
    3
    Think I may err on the side of caution and make sure all expenses are covered by my father's assets. Thanks all for your help.
    Mike
     
  8. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Mike, if you Mother is always going to be self funding the Deprivation issue will never arise.

    Even if she will need LA help with costs and they do pick up on it then all you have to do is pay it back. Don't forget your Mother will have £14,250 to use as she wishes.

    :)
     
  9. nitram

    nitram Registered User

    Apr 6, 2011
    19,034
    Male
    North Manchester
    "Don't forget your Mother will have £14,250 to use as she wishes."

    Any spent should be added to her assets as virtual capital
     
  10. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Its good to know that you agree.:)
     

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