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my mum's finances - possible abuse

5 replies

KittyShcherbatskaya · 25/10/2013 13:10

Hi, I posted this in AIBU and it was suggested I re-post here for advice.

My sister has always been very dependent on my DM for support, practical and financial. A couple of years ago my DM had a severe stroke which left her paralysed and frail, and had to move into nursing care. After this my sister hit the bottle very heavily - she had always been a drinker but mum had picked up the pieces. My sister accumlulated a series of drink related convictions including assaults, lost her job and had her children removed. She recently completed a detox and has been sober since.

The financial issue is that just before DM's stroke she had agreed to loan my sister a deposit for a bigger house, my sister was going to rent out her existing home and buy the new one to live in. After the stroke my sister had my mum's bank details so transferred the money out and bought the house while DM was still in intensive care. Now a couple of years on my DM is going through her savings quite quickly, financing the cost of her nursing home. My sister has now sold the house and there was no equity beyond the original deposit cost. However she says she needs this money to live on as she was sacked from her job. She says she intends to pay it back later, she has made application for benefits and says her goal is to become an alcohol support worker - I asked a friend in that line of work what the chances are of her getting paid work in that area and he said she would need to have been in recovery for a couple of years at least. If she did get a paid job then, the income from it is less for a whole year than my sister owes my DM.

I told my sister that I thought this was not acceptable, as DM needs her money for her care. She told me that she needs to prioritise her own health and DM has enough money to pay her bills for 18 months, and then can sell her house. She said I was putting unfair pressure on her about money at a point when I should be supporting her recovery, and that I am selfish.

I should explain that my DM isn't in a position to address this herself - she is experiencing quite a lot of confusion since her stroke, she thinks her care home is a hospital and she will be going home, and that she still has her job, etc. However her confusion is not severe enough at the moment to count as not having capacity to take her own decisions.

A couple of years ago a social worker was involved and asked to investigate possible financial abuse, he asked my mum if she was happy that my sister had access to her account and she said yes (later acknowledged that she didn't want to get her 'baby' into trouble) and he closed the case. FWIW I believe that my sister has an undiagnosed personality disorder (I work in a related field so this isn't a totally gonzo analysis) and I do try to take this into account in my dealings with her.

Can anyone advise what course of action might be sensible?

OP posts:
Rockchick1984 · 27/10/2013 17:11

What sort of sums are we talking about? If your sister is applying for benefits, there are strict limits on how much she can have in savings, so is it worth pointing that out to her?

fridayfreedom · 27/10/2013 17:17

The route to report/discuss possible financial abuse of a vulnerable person is via adult services .
Even if she was closed before you can ask for a re-referral.
Ring and ask to speak to someone about a possible safeguarding issue.
They will need to do a capacity assessment re mums ability to make decisions about her finances. If she can't then the Court of Protection may need to be involved.

TheFuckersonInquiry · 27/10/2013 19:29

Is there anything in writing?
If not, is there anyway you can get your sister to acknowledge the debt?

If it looks like your mother has given away money to avoid it being used to pay for care then it may be looked on as deliberate deprivation of assets INFO HERE. This may seriously effect your mother as she gets older.

Are you able to access your mothers bank accounts?

Is it possible to make the loan an official gift from your mother? Perhaps your Mum would prefer this. She could also allow for this gift in her will if she is concerned that you would be getting short changed in her will.

There may be inheritance tax implications for this gift.

Do you have any other relatives or family friends who could get involved?

KittyFucker · 27/10/2013 20:19

Thanks all for your help. It's me the OP, I have name changed in honour of AF.

Rockchick it's just under 20k. I am confused by the rules on this, are there two sorts of JSA and one doesn't take savings into account? Or have I got that wrong.

Friday I had this advice on AIBU too, the first social worker was so awful it put me off but I suppose you get bad people in all walks of life and if she got a brighter person this time it might help her.

TFI no nothing in writing and the only person who can access the accounts is the sister who had the 'loan'. If it becomes a gift wouldn't it be seen as a deprivation of assets? It sounds like it from the factsheet attached, especially as my sister took the money after mum's stroke. Would it then be my sister who was pursued for the money? So far that's the best argument I can see for getting her to try not to use the money now. Other relatives - another sister who is with me on this, and a cousin who helps my sister and doesn't want to take sides.

Rockchick1984 · 27/10/2013 21:43

Kitty there's income based JSA which would mean she can't have the money in savings; or contribution based JSA which ignores savings however she needs to have been paying national insurance for the last 2 years to claim this, assuming from your post that this is not the case.

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