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?

If she has capacity, she needs to decide what happens to her money, after first being informed that she is legally obliged to let the local authority know that she now has assets above the threshold. Someone with capacity can use their PofAs to deal with their money on a practical level but they still have the right to make financial decisions.

It is essential that she is informed of the legal situation , which is that she would be breaking the law not to inform the LA of her changed circumstances. She is liable to prosecution if she does not do this; and anyone involved in hiding this from the LA is also at risk. Your partner and BIL would be breaking the law if they shift this money and do not inform the LA.

You need to make sure they understand this. It is no different from benefit fraud and they could be prosecuted - and rightly so, frankly. Go and bang their heads together!

@Fifthtimelucky

It's what lots of people do though. Of course the tax payer is out of pocket.

The threshold varies dependent on which of the Home Nations you live in, assuming you are in the UK. The threshold is £50,000 in Wales, so more than double than in England and Northern Ireland and I think it’s around £35,000 in Scotland.

OP’s not come back. What a surprise!

I don't know what you mean by that, but I hope that you read the OP properly and comprehended that OP is the one who DOESN'T want the money hiding, and thinks her DH is an idiot for thinking that he can and should.

If she's left the thread it's because we provided her with all the ammunition she needed to shoot the whole idea down and prove to him that he'd be acting illegally.

You're the one who didn't read the OP's posts properly.

She never said she doesn't want the money hiding: she wanted him to see a solicitor about it.

Also. she denied that the two brothers are grabby, when they are. I think that speaks volumes.

OP came on for factual advice and was given it, and was grateful for that.

She didn’t come on to slag off her DH and BIL for the entertainment of snarky posters.