What to do if the person with alzheimers owes money, but not POA?

[delias-dilema]

Hi

My mother has alzheimers and I have POA for her. I have recently been informed by her family that she owes them some money left to her when my grandma died.

We have not had the "assestment" done yet and are planning to do this soon.

My main worry is that the amount of money is very large....and if I give the money to the family, when social services look at her bank accounts, they may think I am moving money in order for her not to pay for her care and future care home.

Can anyone offer any help? or been through this before?

kind regards
Delia

 

[Jo1958]

Delia, hello and a warm welcome to Talking Point

I think you need to get more information about why your mother has had this money in her account, presumably for some time, and they are asking for it now. You will need very clear and specific paperwork to go with the money and I would suggest that they employ a solicitor to varify that there is a papertrail for it and the hows and whys of the whole story are legally OK, if not I certainly don't think you should hand over anything as your mum needs it for her care.

If there is anything left when she no longer needs it then that might be a time for more discussions, but ...

I am automatically suspicious of family, money and requests that seem very oddly timed, but that is just me. If it costs them time and money to get it then OK.

I hope you get this sorted out as you and your mother have enough on your plate with her dementia and caring for yourselves and each other.

I look forward to seeing you around the site.
With best wishes from Jo

 

[jenniferpa]

Hi Delia and welcome to Talking Point.

It's not clear to me how your mother comes to be in possession of this money. I mean if it was left to her, then why should she be giving it to other family members? Even if it was left to her on the "understanding" that some of it would be handed off to the family I would be extremely cautious about doing so since I believe your fears regarding deprivation of assets would be justified. However if there is some way to show that legally the money is theirs, there is information in CRAG (Charging for Residential Accommodation Guide) which might be of assistance (it can be downloaded here http://www.dh.gov.uk/en/Publication...tions/PublicationsPolicyAndGuidance/DH_125831)

For example

6.012
Ownership disputed
Where ownership is disputed, ask for written evidence to prove ownership. Where a resident is said to be holding capital for another person, obtain evidence of the arrangement and the origin of the capital, and evidence to show the intentions for its future use and for its return to the rightful owner.
Examples
1. A resident has £14,000 in a building society account in his own name. He says that £3000 is set aside for his grandson's education. However, there is no deed of trust or other legal arrangement which would prevent the resident using the whole amount for his own purposes. The resident is treated as the beneficial owner of the whole amount.
2. A resident has £10,000 in a bank account in his own name, and shares valued at £6,500. He provides evidence to show that the shares were purchased on behalf of his son, who is abroad, and that they will be transferred to his son when he returns to Britain. Although the resident is the legal owner, he is holding the shares in trust for his son, who is the beneficial owner. £10,000 is to be treated as the resident's capital.

 

[FifiMo]

This sounds rather suspicious to me - you say she owes them money left to HER when grandma died. If Grandma had a will leaving money to them then it would have gone to them direct as part of the will being sorted. If they are trying to claim that money she inherited herself should go to them, then only when she dies is what I would tell them.

As holder of the power of attorney, I would speak to the OPG about this and ask their advice as to how to proceed. Do not make any decisions on your own as you can be held personally liable if eroneous payments have been made. First thing i'd be asking the family is for a copy of grandma's will.

Fiona

 

[hollycat]

Hi, am a bit confused, sorry.

1. Title says ......owes money but not poa then main paragraph says you have poa ?

2. What is the money for that is owed ? Forgive me, but I don't understand.

3. What assessment have you not had done ?

I hope its not just me that doesn't understand ?

If it is I offer my sincere apologies

 

[lin1]

Hello welcime to TP

Hi

My mother has alzheimers and I have POA for her. I have recently been informed by her family that she owes them some money left to her when my grandma died

My main worry is that the amount of money is very large....and if I give the money to the family, when social services look at her bank accounts, they may think I am moving money in order for her not to pay for her care and future care home.

Im naturally suspicious where money is concerned
so please dont take the following the wrong way

Hi Please dont hand over any money to mums family until you have absolute proof that this money is owed by your mum, it may well be that mum does owe them this money but when your mum has the financial assessment by social services the do check up and you will need written proof.

You say its a large amount of money owed, that your mum has from your Grandmothers death.

A few of the things I would check is, if your Grandmother left a Will and who was the Executor. as im sure you know its the executors roll to ensure that all assets are distributed according to the will and if the executor gave your mum this money, mum was entitled to it, the executor also has to keep records for twelve yrs

If your grandmother died intestate (no will)
then their are Strict rules on who is entitled to receive anything and they may or may not be entitled to anything under intestate rules

sorry not much help but do get written proof first to cover yourself

tbh Id be very wary that this money is owed by your mum. large amounts of money can bring out the worst in some relatives

 

[Canadian Joanne]

I am not familiar with the legal requirements in the UK but I agree with everyone else that you should absolutely not hand any money over to anyone unless there is ironclad proof. Yes, get a copy of the will. Contact the OPG.

In the meantime, to keep the relatives at bay, tell them you have to get the assessment done and get other matters in place before you can hand over any money. Plus you'll need their proof before you can even begin to do anything.

Don't let them harass you. It sounds very suspicious to me, as if they're trying to bulldoze you into doing something in a hurry. Don't hurry and get all the proper legal advice.

 

[Saffie]

I would agree with what has been said above and also that the ball has to be in the relatives' court. It is up to them to prove that your mother owes them money, not for you to worry about proving she doesn't - or does - at the moment. good luck. I would imagine this is something you could well do without right now. good luck.

 

[nitram]

Not sure what assessment you are referring to.

Is your mother executrix of the estate?

Thinking "assestment" > attestation