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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34282
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My name is***** have a joint bank account with my mother,

Resolved Question:

My name is***** have a joint bank account with my mother, who is in a nursing home. Because there is more than the 23 thousand pound limit in the bank account we have to pay for her care ourselves. If I draw sufficient funds out of the account (eg 55 k)to leave under 23k in the joint account,can the local authority do anything to make me pay it back, or as I am legally entitled to take the money out, would the local council in Stockport be forced to pay for her care. Thanks.....Martin.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Where did the money in the Joint Account come from?
Clare
Customer: replied 2 years ago.
The money came from the sale of her house in north wales approximately 4years go , not long after my dad died.the house became my mothers in sole name until it was sold. The money went into a co-op bank account for 2 years or so. In the mean time my mother being of sound mind decided to make me a joint bank account holder on her rbs account. The co-op account was closed last August, or the August before, and the money was transferred to the rbs account . I have spoken to the rbs branch in restating and they have confirmed that I am a joint account holder, not just a 3rd party joint signatoree. Thanks Martin.
Expert:  Clare replied 2 years ago.
Hi
In that case I am afraid that if you remove the money then the local Authority would be able to refuse to pay on the basis that your mother SHOULD have those funds available.
I am sorry that this is not good news - please ask if you need further details
Clare
Customer: replied 2 years ago.
Surely as a joint account holder I am entitled to take at least half the money to do as I please . The bank have no problem with me taking the money,and there is nothing they could do to make me repay the money. Surely the money is as much mine as it is my mothers. Which court of law says I can't spend my money as I wish and why? It does'nt make sense. Can I still make smaller withdrawlals, ie 5k every 6months without any reprisals.
Expert:  Clare replied 2 years ago.
Hi
You are legally entitled to remove the money in whatever way you wish.
However when the Local Authority do the financial assessment they will note that your mother sold her property for a set amount.
They will then ask where the money went.
They will say that there has been intentional deprivation of assets and that whilst your mother was entitled to gift you the funds - that does not mean she can do so at the expense of the Local Authority
You can read more here
http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS40_deprivation_of_assets_in_the_means_test_for_care_home_provision_fcs.pdf?dtrk=true
Clare
Customer: replied 2 years ago.
Is my mother still entitled to gift each of her children 5k per annum as she was before going into a nursing home
Expert:  Clare replied 2 years ago.
Hi
So far as the Tax man is concerned yes - so far as the Local Authority is concerned no as she needs the money for her care - smaller sums at birthdays and christmas would be acceptable
Clare
Customer: replied 2 years ago.
I spoke to age UK on Monday they said it should be ok to take the money. However they are not solicitors but you are, but the advice you give me according to the t&c's is not legal advice ......or is it? It's cost me 47pound and not certain where I stand legally.
Expert:  Clare replied 2 years ago.
Hi
I am a solicitor her in England and Wales BUT I have not taken full instructions from you and I can only give you general comments based on what you have told me.
You are legally entitled to remove the money BUT the local Authority MAY (not will) make enquiries which will reveal that all the money in the account actually came from your mother and if they do they will then refuse to fund her - the risk is yours if you understand me
Clare
Customer: replied 2 years ago.
Thank you Clare for your help. Good night &God bless....Martin.
Expert:  Clare replied 2 years ago.
Hi
You are welcome - I hope all goes well for you and yours - I know exactly how difficult this is
Clare
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