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Lendin money to mum

Discussion in 'Welcome and how to use Talking Point' started by Myself, May 16, 2018.

  1. Myself

    Myself New member

    May 16, 2018
    2
    Hello.
    Mum is in her 90s, has 24hour care, in her own home. I’m POA.
    I now need to ‘lend’ her money to sustain the situation.
    Two related questions ....
    Is there any way to formalise the ‘lending’ so i have a legal right to recover the money on my mum’s death ... or at the time she has to move into institutional care?
    And, while i don’t have an issue of the authorities recovering the costs of that instututional care frim the sale of mum’s house ... would i have first call income from the house sale, in order to recover my loan?
    I guess we might be talking about £60-£100,000 loan, depending for how long my mum’s dementia remains fairly stable.
    Thank you ...
     
  2. Shedrech

    Shedrech Volunteer Host

    Dec 15, 2012
    5,997
    Yorkshire
    hello @Myself
    and welcome to TP
    I am guessing that the LA won't agree to fund the level of care your mum needs to stay living in her own home - have you checked with them and asked about ways of funding?
    It would be wise to contact the OPG to ask them about what you're considering, as you are Attorney for your mum and your idea isn't a usual way of funding care.
    Is there any way you could buy your mum's house, at a fair market rate, to release her money in it?
    I do think you need proper financial and legal advice.
     
  3. Myself

    Myself New member

    May 16, 2018
    2
    Thank you.
    OPG ?
     
  4. 2jays

    2jays Registered User

    Jun 4, 2010
    10,958
    West Midlands
  5. Boromir

    Boromir New member

    Jan 25, 2018
    6
    Best thing to do is ask the solicitor, the one who helped you organise the POA. Sounds like the kind of situation which does not match up so well with the generic rules and regs. You could also ask a proper financial adviser. Assuming you have a full POA in place (Welfare included), that should afford you the power to manage the assets in her best interests, including the sale of property, but it might be complicated if the idea is to effectively sell to oneself as a means of transferring funds, whereas I'd be surprised if there were any formal way of privately loaning someone a substantial sum, unless it could be done under some old legacy laws, or perhaps something is possible because it's family. It may also vary depending on where one lives in the UK. Also might be worth asking the bank.
     
  6. mrjelly

    mrjelly Registered User

    Jul 23, 2012
    316
    West Sussex
    I don't have direct experience but perhaps you could consider an equity release plan where you draw down cash as you need it. The less you draw down and the shorter the time before the house is sold the the less the interest charges would add up. Could be another option if your first plan doesn't pan out.
     
  7. nitram

    nitram Registered User

    Apr 6, 2011
    15,216
    Male
    North Manchester
    A charge equivalent to the loan could be put on the property meaning you would be repaid the funds when the house was sold.
    To do this you would need OPG consent and a knowledgeable solicitor.
     
  8. lemonjuice

    lemonjuice Registered User

    Jun 15, 2016
    1,387
    England
    One query, supposing your mother's condition does deteriorate to the stage where she does have to move into (expensive) residential care? That could be around £50,000 a year mark. Depends on how much the house could be worth, but what would happen, even if you could get a legal agreement drawn up, should there not be enough money to 'pay you out after your mother has died?
    I would imagine you couldn't recover any repayment of a loan until that point as it might still be classed as deprivation of assets, ensuring she is not able to cover her own care costs.

    Seriously I wouldn't use my own money. It shows a willingness to pay for your mother's care needs and therefore you could even be pursued to pay for her care when eventually 'her' money is gone and that 'repayment' might well then go twice to her care.

    Others will possibly say I'm exaggerating and scenarios I fear would never pan out- I'm very much a 'Plan for the worst type person'. ;)
     

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