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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34585
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father and mother jointly own their home and both names

Resolved Question:

My father and mother jointly own their home and both names are XXXXX XXXXX deeds. My father lives in their home and my mother, due to dementia, has moved to a residential home.

The costs of the residential home are met from three sources:
1. Local county council
2. Contribution from my mother as her capital exceeds the Protect Capital limit (£14250)
3. Third party top up contribution which I am responsible for

I have an enduring power of attorney covering 'all my property and affairs' for both my parents.

All monies were actually earned through my father's employment as my mother rarely worked. However all monies are held in joint named accounts.

My question concerns under what circumstances can I use funds in my 'Mothers account' under the enduring power of attorney. Some specific examples are:

1. I understand that there is a guideline which prevents my mother from paying the third party top contribution. However I note that this is a guideline and as stated earlier all monies were really earned through my father's employment. Under such circumstances would it be permissible to use these funds to pay the third party top up contribution ?

2. As stated earlier their home is jointly owned. As such the home will continue to require maintenance to preserve its capital value e.g.
2.1 External maintenance (garden, fencing, painting) ?
2.2 Replacement of the boiler ?

Would it be permissible for my Mother to make a 50% contribution towards such works on the basis it is protecting the capital value ?

3. My father no longer drives and as such he requires a taxi to visit my mother. Again would be be permissible for my mother to pay 100% of such costs ?

Regards

Chris
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are the funds still held in their joint names?
Clare
Customer: replied 3 years ago.

All funds are currently held in joint accounts.


 


There was a thought that I should segregate the funds so that their pensions were paid into their respective accounts for easy of management and accountability. However to date nothing has been done.


 


Chris

Expert:  Clare replied 3 years ago.
Hi
For clarity
There are substantial saving sin joint accounts is that correct?
Clare
Customer: replied 3 years ago.

Probably are £40K across all joint accounts

Expert:  Clare replied 3 years ago.
Hi
I suggest that you open an account for your mother's income to be paid into so it is clear that this is separate.
It is entirely appropriate for the repairs to be paid for from joint savings - and indeed for any other payments that your father wishes to make from them - they are after all also still his!
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you Clare.


 


Just to be absolutely clear, since the funds are held in joint accounts, there is no reason why my father can't use these funds as he sees fit; e.g. pay the third party top up contribution for my Mother's nursing care.


 


Thanks.


 


Chris

Expert:  Clare replied 3 years ago.
Hi
That is correct - but do make sure her income is held separately
- and that the spending on taxi fares and top up are not disproportionate to the actual funds available
Clare
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