deprivation of assets

[FifiMo]

Couple of things to do...

Check if the LPA gives powers to sell the house.

Phone the OPG and advise them of plans to sell the property, divert money that should be mum's. tell them if they don't intervene soon that chances are it will be to late. You can do this anonymously!

 

[1954]

FifiMO

They would kill me as I am sure I am the only one been told. One of the family is a past master at dodging the law. Things this person has told me I would never never even consider. It is another world to me and my hubby

 

[Saffie]

Check if the LPA gives powers to sell the house.

I would do this anyway though.
Sounds very dodgy and I would be surprised if the plan can succeed.
As Fiona says, the LA do have the means at their disposal to search records.
No wonder you are worried.

 

[1954]

I have had a few PM emails saying I am not myself. No I am not because I was worried about posting this as I don't want to cause trouble. The family member has not communicated with me for days when I have been at my wits end. They usually do contact me. Oh gosh this is awful

 

[Fed Up]

This is so dodgy no wonder your worried, it really is simple hiding money is impossible. The idea of the tenant being invisible eerr won't they have a tenancy agreement or is it cash in hand ? So the idiots don't know the council will simply do a land search and know who owns it within hours then will ask for the rent to be paid direct to them. This idea is so stupid its actually hard to imagine how someone thinks it will work.

Then what if the tenant claims Housing Benefit and that could happen the LA will check and it will see straight away that the income is not benefiting the owner.

I'm probably going to say the obvious but I'd write all this down and ask for legal advice or you might be drawn into a web of deception that only really thick people think they can get away with. Don't loose sleep though you've done all you can it sounds like your sensible and don't please be drawn into a plan that has so many flaws it is really stupid.
In all truth its basically an intention to commit fraud untll the act is carried out and it may never happen and as for cheating another family member out of their inheritance (I think `i got that right) what an awful thing to do its not their money but as you say your mums.

 

[1954]

There is no way we will be drawn into deception

NO WAY

I am not shouting at anyone its just I want everyone to know we are honest law abiding citizens. Always have been

I think this family member is going to phone today or tomorrow so hubby will talk to them and hopefully find out more

I hope upon hope they are not trying to ruin my other SIL's inheritance (even though she doesn't talk to us or her mum). They HAVE to honour MIL's wishes

 

[nicoise]

Dear 1954,

Whilst the person holding POA may think they have a foolproof method of making the proceeds disappear, and whilst we all rightly resent the present system of having to pay for care, what the person is suggesting is fraud, and goes against "acting in the Donor's best interests".

And to share this with you involves you in their deception. Follow your instincts, and do what you feel is right; they are creating the bad situation, not you causing trouble by not going along with it.

Good luck!

 

[Saffie]

Isn't it actually theft as well.

 

[1954]

This makes me feel sick..............

 

[Saffie]

I am so sorry if writing this on here has made you feel worse as it seems to have done from what you wrote last night.
I think your husband just needs to be honest and forthright with the relative who holds the POA and say it just isn't going to happen. Then your consciences will be clear - family riot or not. It does seem as though the alternative won't bring you much peace of mind.Good luck.

 

[1954]

Hubby has said he is going to tell family that it is not going to happen and they need to re think fast...

 

[1954]

If we go down the line of asking for respite and of course MIL is self funding would that then bring to light what the family member is doing with her money?

 

[nicoise]

If we go down the line of asking for respite and of course MIL is self funding would that then bring to light what the family member is doing with her money?

Hi 1954,

Possibly not, because if MIL is self-funding, all that needs to happen is that the bill is paid - there wouldn't be a financial assessment as it isn't needed (only if LA funding is applied for).

Does your MIL (or her LPA holder on her behalf) have to complete an annual tax return for her? HMRC would be interested in a sale of property or rental income she might receive....

I'm sorry this is causing you stress on top of the caring - hopefully your H will get more information soon via the anticipated phone call, and is able to have his point of view listened to.

 

[FifiMo]

Well, now, if you were to be on holiday - say out of the country - during this respite, and if say MIL were to become seriously challenging, for example, so much so that the SS had to be invited to be involved ..... ..... well, then it could all go pear-shaped!!! Because from that moment on, the SS would be involved in the life of a very vulnerable person.

The SS would then deal with the Attorney - as opposed to the son and DIL with whom she is residing, as they would not have any automatic right to decide whether MIL is self-funding or not, because - PRESUMABLY - they would have no detailed knowledge of that with which the Attorney is dealing, namely MIL’s finances.

Fiona

 

[1954]

Everyone

Thank you for your replies. SIL has phoned but hubby was out! I kept off the subject

 

[Norfolkgirl]

Everyone

Thank you for your replies. SIL has phoned but hubby was out! I kept off the subject

What would you have done/said if SIL discussed it with you?

 

[1954]

Oh gosh I would have asked her to wait until hubby had spoken to her. I would have passed the butt

 

[stanleypj]

Maybe Norfolk Girl was suggesting that sometimes it's helpful to practise a conversation that you might have with someone but are anxious about. That way if you are suddenly confronted (if they phone again when you are alone) you would probably be able to get your points across without feeling threatened.

You would, of course, still have the option of continuing to avoid such a conversation.

Just a thought.

 

[Farmergirl]

If I have to do a difficult conversation I find it helps to write the main points as bulletpoints - then I can refer to the exact woding I want to use without getting sidetracked or flustered.

 

[garner76]

Deed of variation

we were advised by my FIL's solicitor, that we could possibly draw up a Deed of Variation (DoV), to change the beneficiaries of his wifes will. She left everything to my FIL. My FIL was diagnosed with dementia in May 2012 and although keen to ensure that his children receive the monies, becomes a little confused when discussing it with other people. The solicitors have now said that any DoV would need to be signed and witnessed by his GP. This isn't an issue but does anyone have experience of this process. I'm concerned that it may look like he is being coerced into making the deed of variation, when he is adamant that he wants his children to each receive an equal share of his estate. Any guidance and thoughts would be much appreciated.

The monies involved is below the IHT threshold.

Thank you.