Deprivation of assets?

Discussion in 'Legal and financial issues' started by Nanawendy6, Aug 11, 2018.

  1. Nanawendy6

    Nanawendy6 Registered User

    Sep 17, 2014
    58
    When my husband was diagnosed with dementia he changed his current account and savings account into joint names to make it easier for me to manage our finances when he was no longer able. About a year later we made LPAs. His state and private pensions are paid into the current account. All household bills are paid from current account. My pension is paid into my own account which I use to pay for my holidays, clothes etc.

    My question is where do I stand using his income not mine for my living expenses now he is in CHC funded care home? I will keep the savings account as I understand that CHC funding is reviewed annually. I’m concerned that any of his income I spend could be seen as deprivation of assets.
     
  2. Duggies-girl

    Duggies-girl Registered User

    Sep 6, 2017
    1,065
    I don't really know but I would think that anything in the joint account would be considered as joint and I don't think that you should be afraid to use it for your own living expenses. I may be completely wrong here but it works both ways and you should be entitled to a reasonable standard of living without digging into your own savings.

    As I say I may be wrong and it is possible that I may be corrected here by someone who knows better than I do.
     
  3. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,337
    You say your husband is CHC funded. Assuming this situation continues (not, I'm afraid, given) you will never be asked for an accounting of where his money has gone - this is something that only applies when you require local authority funding. Having said that - even if you had LA funding, your husband would be permitted to pass 50% of his private pension back to you (the rest and his state pension would go to partially reimburse the LA). Further, even in that situation it would be perfectly reasonable for you to expect your husband to pay 50% of the maintenance costs of the house: insurance, repairs etc.

    The issue for you is: if eventually you need LA funding is anyone going to make a stink about you having used more than that (assuming you need to)? This isn't something I remember coming up TBH on the forum. So I don't have a very specific answer for you I'm afraid. I would in fact be less concerned about deprivation of assets in your situation and more about your role as an attorney: an attorney cannot do something to enrich themselves at the expense of the donor. I'm not saying that what you propose is that by any means, but that would be something I would be more concerned about that rather than deprivation. I would strongly suggest you call the National Dementia Helpline. 0300 222 11 22
     
  4. Nanawendy6

    Nanawendy6 Registered User

    Sep 17, 2014
    58
    It has taken a little while to get my situation resolved. The usual bodies couldn’t give me a definitive answer. Apparently it’s a grey area. My solicitor told me to transfer half of husbands private pension into my own account and has put his advice in writing. I am now responsible for all the household bills . Reasonable maintenance, repair expenses and insurance can be shared as to maintain house is in both our interests. So as jenniferpa says if husband was or became self funding this what L/A would expect. It seems a reasonable outcome however my monthly income will be less than the amount my husband will have sitting in his bank. The OPG asked if there was anything in husbands power-of-attorney that indicates that he would want me to have full use of his income. My response was there wasn’t a box to tick for that issue. It seems that the advice of keeping finances separate may not have been in my best interests after all. So not entirely satisfactory outcome but one that will protect me from accusations of misuse of LPA/husbands income by a member of his family.
     

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