deprivation of assets

[Fed Up]

I don't know but does'nt the Statue of Limitations cover this if so then its 6 years, ?

I'd think the home improvements, and adaptions and a holiday, new furniture would be ok as long as the bills are kept and not sort of paying the brother in law to put in say a bathroom and paying him £30.000 when the house is worth £100.00 or the new furniture being in the home of someone else. The LA ain't stupid and will look for assets disappearing like cash handouts on a regular basis. So balances disappear always downwards. Lets be honest, if you've done nothing wrong, why worry?

It's the same as benefit legislation and the LA's obligation is to protect the public purse and they will ask questions I kept every receipt for clothes, bits and bobs, etc but only because I thought they would look at her bank accounts and they did, my name is on one and so I had to be certain I did not look like trying to fiddle the system. They asked for statements for the year but I know if there had been any doubt they would have gone back further and they can ask the bank if you can't provide them or presumably they will cancel payments in any doubt.
Its really straightforward don't try to be cleverer that a LA because if they catch you out its summons, payback, in the press, and a hefty fine. My bright brother came up with a plan but we fell out after all he was not going to prison if caught.You hear people talk of fiddling and some probably do and get away with it but to me a good name and being honest although has not paid off it does mean I can sleep at night.

 

[AntheaC]

crazy

sorry this is not about the question but I just wanted to say I am shocked that there is so much re-tape and queries over money for those of us who are already more than knee or even head deep in worries. Shouldn't there be a state funded person out there who can sit down and reassure people who have these sort of worries? If they don't want the funds depleted then they should drawa aclear line under what is allowed and what is not!

 

[Saffie]

Saffie,
Would not the will have been proof.?

Sorry for delay in answering, Geum - been to visit Dave.
Will? Sadly not because I could have done anything with the inheritance - and it didn't prove that it actually was used to buy the - by now infamous chalet!
Whereas by showing that the money was paid into my Building Society account then transferred to the bank just prior to the money for payment for the chalet being wired to the vendor's conveyancer, although not absolute proof would have been enough to satisfy the assessor. I had the bank statement but couldn't get hold of the BS one even though I contacted the head office. Oddly enough I had kept a number of statements, although not every one as my use of the account was occasional rather than regular, so that one slipped through. Murphy's law again!

 

[geum123]

Sorry for delay in answering, Geum - been to visit Dave.
Will? Sadly not because I could have done anything with the inheritance - and it didn't prove that it actually was used to buy the - by now infamous chalet!
Whereas by showing that the money was paid into my Building Society account then transferred to the bank just prior to the money for payment for the chalet being wired to the vendor's conveyancer, although not absolute proof would have been enough to satisfy the assessor. I had the bank statement but couldn't get hold of the BS one even though I contacted the head office. Oddly enough I had kept a number of statements, although not every one as my use of the account was occasional rather than regular, so that one slipped through. Murphy's law again!

Oh goodness. How unjust.

 

[Saffie]

Oh goodness. How unjust

It's happened so many times since Dave went into hospital that I've sort of got used to it now Geum!

 

[Fed Up]

Where have you seen proof of this regarding LA? Would you say the following scenario be applicable to money laundering......A vulnerable adult suffering dementia illnesses is due to receive huge inheritance, already permanently in a care home, she is (unduly) influenced to sign a Deed of Variation (so that this inheritance bypasses her completely). Would have thought this is a kind of hiding away funds that was rightfully hers. Why aren't the LA interested in this?

Norfolk Girl I only meant money these days has got more traceable, no one is allowed to pay cash for something like a car, because its an easy way to avoid paying cash into a bank account and that would have been a form of laundering. And tax avoidance I suppose. No idea Norfolk girl about your problem with the LA, some people are rotters but if it was a relative of mine I'd say its a matter for the police as surely its not DoA, its fraud. And if it was an employee of a care home that really is straightforward - police help is needed. I took care as I said because my mum had been ill for a long time and I have a brother and sister who turn up when money is paid out but never in. I'm sure I've read that gifts of small amounts are ok but I was referring to the regular removal of money to bring down an account to a level where care bills are paid.
I never claimed carers allowance because of my mum and don't know if a carer can take the attendance allowance either it is a minefield.
My sympathy if you have a problem and I really hope it gets sorted out we could all do without the stress, and a visit to the CAB might be a good idea or even better a solicitor.

 

[SallyPotter]

Hi All
To be honest it all seems as if you're initially dropped from a height, hit around the head with a lump of concrete and then just when you're struggling to your feet the ground slides away from underneath you. I've never been so worried for everything in my whole life (believe me I'm a worrier) and previously my parents have always been here for support.
Why? The only 'crime' we have committed is AD

 

[FifiMo]

Andrean,

There is no reason why this can't be done and your parents lend you the money. As long as it is a loan and you write down the terms of it then it is transparent and the LA can take the money into account as part of the financial assessment. the question would then need to be answered as to whether there would be sufficient funds left in your parent's accounts to cover cost of care home fees until such time as you repay the loan. that is the point at which the LA would get antsi. If the have to contribute when they shouldn't have to!

You could for added authority get someone to witness your signature. Eg a JP or the like.

Fiona

 

[Norfolkgirl]

Norfolk Girl I only meant money these days has got more traceable, no one is allowed to pay cash for something like a car, because its an easy way to avoid paying cash into a bank account and that would have been a form of laundering. And tax avoidance I suppose. No idea Norfolk girl about your problem with the LA, some people are rotters but if it was a relative of mine I'd say its a matter for the police as surely its not DoA, its fraud. And if it was an employee of a care home that really is straightforward - police help is needed. I took care as I said because my mum had been ill for a long time and I have a brother and sister who turn up when money is paid out but never in. I'm sure I've read that gifts of small amounts are ok but I was referring to the regular removal of money to bring down an account to a level where care bills are paid.
I never claimed carers allowance because of my mum and don't know if a carer can take the attendance allowance either it is a minefield.
My sympathy if you have a problem and I really hope it gets sorted out we could all do without the stress, and a visit to the CAB might be a good idea or even better a solicitor.[/QUOTE]

Been there, done that! It's not only the Deed of Variation but it's other gifting too which never occurred before residency in care home and this is what would count as DoA. Police don't want to know even after SS Safeguarding were alerted, they don't want to know either and they have power to get Police involved, and you'd have thought it in their best interests for the LA. Action Fraud said it's fraud and passed to Police, Police still won't take it up. Solicitor says it's a Police matter!

 

[Fed Up]

Been there, done that! It's not only the Deed of Variation but it's other gifting too which never occurred before residency in care home and this is what would count as DoA. Police don't want to know even after SS Safeguarding were alerted, they don't want to know either and they have power to get Police involved, and you'd have thought it in their best interests for the LA. Action Fraud said it's fraud and passed to Police, Police still won't take it up. Solicitor says it's a Police matter![/QUOTE]

It sounds like a run around and that is dreadful there must be someone who can help, but these cutbacks by all accounts in the press mean legal aid is nearly impossible to get and the cost of mounting a legal fight could be very high. Perhaps no one is willing to risk money on a case they think too difficult to win.My heart goes out to you. You have probably done this but have you tried asking Age Concern for legal advice ?
Could you still apply for POA so that you overrule any decisions that the vulnerable person has made. If a judge can then look at the circumstances that surround your application could that help? And that cuts out the other nasty person. Then you can instruct a solicitor to act as it sounds like the vulnerable person really needs protection urgently.
What a horrid thing to do to a vulnerable person.

 

[1954]

Worried

I do NOT have power of attorney for my MIL nor does my hubby

Can anyone tell me please is it possible to 'hide' the money from a property sale?

Both hubby and I worried as we always live above the law i.e. always paid our taxes/ never even had a parking ticket. Some one said you could hide money and we are extremely worried

 

[Saffie]

I do NOT have power of attorney for my MIL nor does my hubby

Does anyone else have it? If not, I would get LPA a.s.a.p. if I were you. Otherwise, you could end up having to become a Court Deputy if more than basic state pension is involved.

 

[1954]

I do know who has power of attorney hence the reason I am really worried

 

[min88cat]

Can you expand a bit more, as I'm a bit confused

 

[Saffie]

Oh I see. You think somebody else is possible hiding money?
I think they'd find it difficult, especially from a property sale as there will documentation supporting the sale presumably.

 

[1954]

A family member has POA. We thought this would be the best thing. We really did think this would ok. The family member has expressed desires to 'hide' MIL's money from powers to be reach. Also she has a property which was going to be sold the money was 'ring fenced' for her future care if needed. They have other ideas so so different.

We are meeting up altogether and so hubby going to tell the family member how unhappy he is about all this

 

[1954]

It was also suggested that this family member was slightly worried as this would mean no money for MIL going in to care if we can not cope!

 

[FifiMo]

Of all the things you can't hide is property transactions as they all have to be registered with the Land Registry as part of the finalisation of the sale. LA ask for your history of residence where do they intend telling them that your mum resided? They could search census/voting register/council tax to prove where she lived. Then they'd probably come knocking on the door with a blue flashing light behind them!

Fiona

 

[1954]

Fiona

That is what I want them to do, sending a blue light over to the property! It would split the family up though

They want to remortgage the property so they can do it up and get the money for rent. They have once said that we can have some income from the rent. We said NO. That would be MUMS money!

Anyway they are going to that anyway (no money our way-if they were to transfer money electronically then we would keep an account of it safe) and any other money they say they are going to hide from the authorities which is why we will be left stranded and not be able to fund for mums care if needed. Not even respite

I have been so down over all this. It makes it so so hard to continue

 

[1954]

And poor Mum would be so upset if she knew. The money is left in the will between 3 children and they don't want the other daughter having her fair share because she has cut herself off from the family. I said but mum has saved to pay off the mortgage for the 3 children it is her wish and desire for the money to go 3 ways. No matter what you think