Gifting money to myself and siblings with a deputyship order

[Notright77]

I am a deputy for my Fathers estate. Unfortunately he is now in care for life. He is very happy and settled in a wonderful, private care home. We are selling his house and using the funds to pay for his care. However, he only needs a certain amount to secure his care in the home for life. He will have more than enough money to live on, for the rest of his life, with pensions and other savings. Once the house is sold there would effectively be around £70k left which should technically go straight into his bank but I think it’s a shame me and my siblings can’t have it. It won’t make any difference at all to him and will just go on more care home fees. Has anyone been in the situation and had the money? I know there are strict rules around deputyship but I know he would rather we had the money than it go towards more care home fees.

I have spoken to social services and the care home administrator. My Nan also resided there and my Aunt and Mums cousin are also there. I have checked it all out x

Calm down - it’s really not worth getting so wound up over

Another point worth considering, OP, is that while the care home may switch to LA funding after two years, do they guarantee it's the same package? For example, might he be moved to a less nice room?

@titchy the criteria also includes how much in savings people have. Over a certain amount and they won't fund until the level drops below that amount. Agree that many people who have been fully self funding for 2 years, may well have gone through a lot of their savings - still will be a number of people who haven't depleted their assets significantly enough.

Well yes that’s given - they won’t even assess until someone is near the financial threshold!

Nah just a bit of fraud, nothing to get worked up about!

Nah just a bit of fraud, nothing to get worked up about!

Unless your father expressly wishes to gift the money - his own idea, without influence, I don't think you can use any of it.

Does your father like to give birthday and Christmas gifts? If is is normal that he gives you all modest gifts he might wish to continue that.

However, if you have loaned your father thousands of pounds, you should be legally able to charge a fair interest on that loan and should seek an accountant's professional opinion.

Yeah- that hasn’t even happened 🤣

Yeah- that hasn’t even happened 🤣

Thank you

Thanks so much, they definitely do offer the same package.

SS will only pay if savings have dipped below the threshold. The two year thing is nonsense. They may accept the reduced SS rate but SS will not automatically take over funding if the person still has money. CHC is completely different of course but I assume he’s been assessed and it’s not been granted?

I don’t think you are unreasonable to consider this in theory as good financial planning but I think your Father’s funds are too low and without an inflation linked care annuity in place you or ideally a hands off financial advisor couldn’t demonstrate his needs were adequately covered.

Yes I believe it’s approx £23-24 k left when they take over

I have PoA for my mum. Family members keep asking if they an tap into her funds. No they bloody can't. I give them at Christmas what she would have given - and she was a bit stingy with presents tbh, but if you are put in charging of acting on behalf of someone financially, you can't just spend their money!

The 2 years rule you keep referring to may affect the rate charged but has nothing to do with self funding vs SS funding. This is means tested and as PP say you only get SS funding when your savings go below a certain level. You can’t artificially reduce your savings by giving it away and your family certainly can’t just take it to avoid it going to the car home. This is deprivation of assets if done by the patient and even more wrong if it is ‘taken’ by family members entrusted with looking after their assets. By all means check with a solicitor but the fact you are even asking will probably raise questions about your suitability to be a deputy.

My mum was in care for 14 years and my brother and I had POA. Absolutely no way could we do what you plan. We only accessed her account to pay her bills, and to give her usual small birthday gift amounts to each other and our children.
I would love to have done what she always intended, which was to give her grandchildren help with the deposit on their first homes, but from the moment she had her disabling stroke, we were unable to do so.

Councils are incredibly short of funds and most are being forensic about looking into the person's finances and how their POAs/deputies have been using it.

However I would add that if you are out of packet because you have paid expenses on his behalf then it would be perfectly reasonable to ask a solicitor if it’s OK for those to be reimbursed when you can provide proof.

Yes, you definitely should get that refunded to you now, whole there's still money in the account to pay you with.

Same here.

Nursing home fees of £6,000 a month for 11 years. DM’s savings all spent and house sold too.
But her money, her care. It gave her choices and us piece of mind. She and my dad worked hard all their lives, he would have wanted her well cared for and for us not to have to give up our careers to look after her. She deserved choice.

@Notright77 After two years of self-funded care home fees, social services will take over the payments, provided the individual meets the local authority's eligibility criteria for financial support. This typically involves a financial assessment to determine if the individual's income and assets fall below the threshold for receiving assistance with care home costs

You are contemplating stealing. From your father and then from the taxpayer (and your children).

Shame on you.

Basically, once he meets two years fees in this private home, social services will take over the payments.

So stealing from the tax payer? Okaaaay

Use the Money to buy a property up north