MIL in care home - change in circumstance...

[CactusMactus]

MIL is currently in a state funded care home. She has recently inherited money from a relative that has passed away.
DP and his brother want to move the inheritance out of MIL's account. They have power of attorney and financial control.
She does not need this money and wanted to leave something to DP, BIL and grandkids - so they would just be taking it before she dies (sorry to be blunt, but trying to be factual).
Can they do this?

Absolutely not. Attorneys are obliged
to use the money for the benefit of the person who has given them the capacity.

No one is saying your MIL has to move if she is settled, many homes have a mix of self and council funded people anyway, so she would just cover her own costs for a while (and, now she has more money, if she wanted new clothes or to pay for a family day out together or something, that would be fine)

If she has capacity they shouldn't be making any financial decisions on her behalf. POA doesn't trump capacity.

No of course you can't do this, as others have said it would be deprivation of capital. If she inherits over £23250 then she will be self funding until it drops to £23250 then she would get some help again from the local authority. As others have said if self funding she can get AA.

Poor woman. She has ignorant, greedy and entitled sons.

The Executor can’t just redirect money at will. Your MIL would need to still have capacity and would need to sign a letter which meets the criteria of a Deed of Variation in which she as beneficiary requests her inheritance gets redirected.

If the money has already gone into her account and then goes out there would be a clear Deprivation of Assets ‘smoking gun’. Less so if the executor pays the new beneficiaries direct.

It is absolutely not legal for your DP and BIL to take her money for their own gain and while she still has capacity.

As others said no they can't. If they carry on I would call her bank, the public guardian and the care home manager. Unless she is fully funded on fast track or chc then she needs to start paying, not the local council or the taxpayer.

I really don’t think OP is going to turn her DP in.

She can give £3k away a year without it being classed as deprivation of assets

Op is not gonna dob on her partner ffs🙄

At least you are honest about your husband's shortcomings, Op!

What is attendance allowance?

It’s like PIP for older people, your MIL would be eligible if she needs full time care.

My rationale is, if I can give him some hard facts and educated advice (from you lot!) then he will be forced to seek professional advice.
We just don't have the money to spend on a solicitor atm... but maybe this would be a justified spend if the solicitor was hired by MIL?

Thats IHT rules not DOA

Try telling him he could end up in jail. That's usually enough to make people think getting legal advice is possiblya good idea.

With financial POA you can grant that even if you still have capacity (health and welfare you can't).

But they absolutely cannot take her money for their own benefit, and absolutely she can't choose to give it all to them.

So he wants to steal her money and expects other people to cover her care costs?

Why are you even entertaining this idea?

She really doesn't. But I can see why, without full history, you might think this.

The OP says MIL still has capacity to do so.

They have POA because she wanted them to have this before/in case she looses capacity.
Which is what happened to her husband before he died and was a total nightmare for the family.

She can make reasonable gifts. Is this an LPA? Is it enforce?

OP I was on a jury years ago with this same scenario and 3 brothers split the money between themselves-they got found guilty - tell him DO NOT go down this route it is fraud

“just don’t have the money…” sounds very convenient. If they really can’t afford legal advice (unlikely) surely him and his brother would find the money somehow for a solicitor - you can always find money if you’re desperate. But they know they’d be on a sticky wicket, because what they’re planning is dubious. Honestly, I hope they get caught.

Why not, if you willingly go along with fraud you're just as bad. I would not hesitate to report my sibling who has poa if they were abusing it. Hopefully op will get it sorted and h listens,

Has the POA been activated. Just because your MIL signed a piece of paper giving her sons POA they don’t have it until it is activated through the court of protection.