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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My 19 year old daughter is disabled and has learning difficulties.

Resolved Question:

My 19 year old daughter is disabled and has learning difficulties. I am named in all of her bank accounts but would like to formalize this legally. I am going through a divorce at present and do not want the Courts to claim I have more money than I have. Is an L.P.A. the way forward although unsure if my daughter has the intellectual capacity to understand. Also I need to know how to ensure if something happens to me how to put correct measures in place for my elder daughter to have legal responsibility. I have added a codicil to my will so when I die she will be a Trustee of her sister's trust.

Lizanne Longmuir
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 accounts held in joint names?
Clare
Customer: replied 3 years ago.

Yes they are. We both have Isa's and my daughter has a significant amount of savings which also may create potential problems in the future when I wish to organize a care package for her through social services. Is there any way I can legally disperse her money so as to maintain her finances below the £15,000 threshold? Seems unfair due to having a disability she attains benefits from the Government, plus careful investments I have made on her behalf to help her in the future,and an inheritance,that she will be penalised. With the impending divorce it does concern me that it's misconstrued I have too many Isa accounts due to my name on her accounts.


 


Lizanne

Expert:  Clare replied 3 years ago.
Hi
Provided it is clear that that money is hers and you have not put any of your money in those accounts then it will not be at risk within the divorce proceedings
However if you wish to ensure that there is no misunderstanding then the way forward is to apply to be her Deputy - since from what you say she does not have Mental Capacity to sign a Power of Attorney
Clery you can spend her money on her if you wish to stay beneath the threshold - but do make sure that you tell the solicitor drafting your Will that a special Trust needs to be established
Please ask if you need further details
Clare
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