1. Roziii

    Roziii Registered User

    Jul 28, 2017
    24
    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
     
  2. Grannie G

    Grannie G Volunteer Moderator

    Apr 3, 2006
    69,738
    Kent
    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/



     
  3. Louise7

    Louise7 Registered User

    Mar 25, 2016
    1,313
  4. Roziii

    Roziii Registered User

    Jul 28, 2017
    24
    Thanks that's really helpful.She will not be going into a home- we will look after her.She also has health problems and unfortunately will not be with us this time next year sad to say.
     
  5. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    8,077
    Yorkshire
    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
     
  6. Roziii

    Roziii Registered User

    Jul 28, 2017
    24
    Thanks for the advice.Its a difficult situation and it's good to know all options
     
  7. Sirena

    Sirena Registered User

    Feb 27, 2018
    1,774
    Female
    I agree with Shedrech, I'd be very cautious about this for all the reasons she says.
    If you believe she hasn't long to live, why not wait for the money to be distributed via her Will?
     

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