interested in others experiences of deprevation of assests and declarion of trust

[Trudge1]

Hi all. First post here as was searching on line looking for information so thought I would try this! My mum has severe dementia and has been in a home for 15 months. She is self funding as we sold her home (I have POA). She is a widow. We have used her funds to pay for her care and also to build a granny annex onto our house and she is coming to live with us on 1st August and I am going to care for her. I have all the receipts etc but was wondering if I could do a declaration of trust (by mum is not able to sign as such). Also as her savings are now below the threshold do you think I would be able to ask for a financial assessment and that they would be ok with her transferring the funds from her house sale into what is now our shared home?

Would love to hear from anyone who has done anything similar.

 

[2jays]

interested in others experiences of deprevation of assests and declarion of t...

Not done anything similar

What I do think... You are on very sticky ground and could be seen as depriving her assets by using her money to build the granny annex. Especially as her money is now below the threshold.

You could be liable for all her costs, when/should she need to go back into care.

Link to AgeUk re Deprevation of assets

http://www.ageuk.org.uk/Documents/E...est_for_care_home_provision_fcs.pdf?dtrk=true

15 months is a long time of having 24/7 care and then to move in with you could be a huge responsibility for you that you may not feel able to continue after a few months.

Hopefully someone with the legal knowledge will be along soon


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[WILLIAMR]

Personally I think having granny accommodation put on to your house was an unwise move at a time when your mother has dementia.
Anything could happen suddenly and you may not be able to cope.
I know the council I am under seems to try everything to get money.

A lady had her mother living with her and they purchased a car between them to accommodate the mother's wheelchair about 4 years before her mother went in to care and an orthopaedic bed about a year before and the council argued this was deprivation of assets even though the mother was showing no sign of dementia at the time of purchase. How the daughter was supposed to foresee the situation I don't know.
When an assessment happened the council wanted the daughter to refund all of the money the mother had paid towards the car and the money which she had paid for the orthopaedic bed but the daughter said the council could have the bed as long as it provided a normal bed which was what was there before the orthopaedic bed and she did point out the car had depreciated a lot in 3 and a half years.
In the end the council gave up.

William

 

[Saffie]

I have all the receipts etc but was wondering if I could do a declaration of trust (by mum is not able to sign as such). Also as her savings are now below the threshold do you think I would be able to ask for a financial assessment and that they would be ok with her transferring the funds from her house sale into what is now our shared home?

As you have LPA for your mother I think there may be a conflict of interest involved with a declaration of trust - though I confess that I'm not actually very sure what that is. You will probably need to get permission from the OPG and may have to appoint a Trustee to act on your behalf.

I admit to being confused, If your mother's house has been sold how is it that her funds are below the threshold - has all the proceeds been used up on fees?
It sounds as though you have already built the annexe - is this perhaps why your mother's funds are below the LA threshold?
I rather think that permission from the OPG might be necessary for this to happen too although having all the receipts might help.

I t does seem fraught with difficulty.