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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My father has had a stroke. He was in hospital and then 2

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My father has had a stroke. He was in hospital and then 2 weeks ago moved into a nursing home. I am in the process of applying for Lasting Power of Attoney which will be registered at the same time (Financial and Health and Welfare). Mentally my father has full capacity to make decisions, but lacks the physical ability to manage his affairs.
He is currently being funded by the local authority (in week 2 of the 12 week disregard period). After which he will be completely self funding, (apart from the FNC element (Full Nursing Care) which is paid by the LA).
My father owns the property outright, without a mortgage. My mum, his wife, died years ago, and I am an only child. When the property sale goes through he has stated that he wishes to make me a "gift" of £100,000.00 as that is what my mum would have wanted, and to thank me for all my help over the years.
Is this something he is able to do? and if so, how would he go about doing it? please advise. thanks
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
What other capital does your father have apart from his property?
Customer: replied 2 years ago.

About £7k in current account. income from pensions £1500.00 per month.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.
The value of your father's property will be taken into account at the end of the 12 weeks disregard period and as his capital will then be over £23,500, he will likely be asked to pay full care home fees.
He may gift the £100,000 to you, no problem, and it would be good for him to write a letter to you explaining why he is gifting the money to you I.e. Thank you for your help etc.
The money can be transferred to your bank account from his bank account.
He will continue to pay care home fees in full from his remaining capital assets and the £100,000 will be taken into account as his capital if the council feels he gave you the money to avoid care fees.
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