More questions

[notsogooddtr]

I have read somewhere that you can buy a funeral plan from the proceeds of the sale of a property.Is this the case?
My parents are already in care and will be paying for their care when the house is sold.Not that the money will last long.
Is there anything else that they can legitimately spend their money on?Their will made provision for my brother who has severe learning disabilities and needs 24 hour care,it was very important to them that he had a little money for treats.
Also they have been helping their granddaughter who is at university to the tune of £100 a month.Can this continue?

 

[notsogooddtr]

any advice?

Can anyone help with this,I'm getting really bogged down,in the process of registering LPA for both my parents and need to know what I need to doafter wards

 

[Pete R]

Unfortunately my advice is not going to be of much use to you so sorry in advance.

I have read on here where people have said a funeral plan is a reasonable expense. The very helpful finance officer (honestly she was) who came to see me said it was not. I am in the process of sorting out a plan for my Mom and will take the expense from her capital and see what happens. It isn't going to be anything lavish so if the LA object they can do what they will.

As for your Brother and Granddaughter I would seek legal advice straightaway and also speak to the LA Finance Department. The continuing to pay usual gifts for birthdays/Christmas is acceptable but I am unsure how it could work beyond that.

Both your parents are allowed to keep £14,250 of their capital and spend it how they wish.

I wish your family all the best.

 

[starryuk]

Can anyone help with this,I'm getting really bogged down,in the process of registering LPA for both my parents and need to know what I need to doafter wards

Hi notsogooddtr,

so...step 1 fill the forms in.
step 2 send them off to be registered.
step 3 wait ages for the LPA to be returned, stamped etc.
step 4 take it to your parents' bank.

This is what the bank did for me, don't know if they are all different.
They photo-copied the LPA form, cancelled mum's bank card and re-issued a card and
cheque book in my name. The account was re-named in my name, with the added 'attorney for Mrs *****'
Her direct debits continued but while waiting for the bank to organise things, we could not access her account. Her pension continued to be paid into the account as normal.

From then on, I had complete control over Mum's money...and responsibility for it.

Never let the LPA form out of your sight. Send a certified copy if you are trying to cancel gas electricity accounts etc.

As to what you can 'spend', I think it is true that you can buy funeral plans. (Could your parents do this for themselves before you become their attorney? ie they sign the forms themselves?)

When your parents' money runs out and you have to show accounts to LA in order for them to pay towards their care, from what I hear, they will object to any money which has been spent for anything except your parents' welfare. The will is irrelevant until after death.

But I didn't have to go through this as mum died before her money ran out and I never had to justify how I managed her money. Hopefully someone with experience can help you better.

 

[nitram]

"...I have read on here where people have said a funeral plan is a reasonable expense. The very helpful finance officer (honestly she was) who came to see me said it was not..."

It appears that it is up to individual LAs to decide.

8. Disregard for pre-paid funeral plans: Many people want the reassurance that their funeral is
paid for. Local authority practice is inconsistent in that some local authorities disregard such
plans while other take some or all of the value into account in the financial assessment.

https://www.gov.uk/government/uploa...t_data/file/216851/CRAG-Consultation-2010.pdf

"... I am in the process of sorting out a plan for my Mom and will take the expense from her capital and see what happens..."

As, unlike a gift, it cannot be repaid all the LA can realistically do is add the expense as notional capital to the actual capital.

 

[geum123]

I would have thought that if your Mum is self funding - once you have sold the house - then it would be in her best interests (financially )to purchase one.

As his deputy, I purchased one for my Dad as the price of funerals will rise as time goes by.

 

[nitram]

A problem is that what the COP/OPG considers as acceptable expenditure, ie in the persons best interests or consistent with the person's expenditure when they had capacity, may well not be in the LA's best interests and could be regarded as 'deliberate deprivation of capital'.