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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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some years ago my parents split up at the time my mother

Customer Question

Hi
some years ago my parents split up at the time my mother said to my farther he could stay iin the house.
After a year or so she changed her mind so I decided that I would take out a mortgage on the property to pay my mother her share,
in doing so i got in to financial difficulties which meant i had to sell the house but because this was a fixed mortgage i had to pay 50000 back which i didnt have.
I ttok out various loans and paid it onn cards etc I am still in debt my Farther helps me he gives me 500 pcm to help.
my farther is now going to have an op and they want bank stateements to see how much financhal help he will getso they are going to see this short fall and will be asking me questions .
now this was an agrement between my dad and me that he would help me and has been douing so for a few years.
I dont want thm to think im stealing because i am not he ageed to help me in fact in his words he said if I have it youu can take it.
but I have nthing written down now I spoke to him this morning and he remembers this converstaion very well but they are telling me he has cognatve diffficulties.
I am going to stop taking money from him now were d I stand??
Will they call the police??
Iam worried.
james whitbread
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Could I kindly clarify with you please what financial help your father is being assessed for precisely? You mention an operation but presumably this will be provided by the NHS. Is the financial help for care provision or something else please?

JACUSTOMER-klnaree7- :

Hi sorry for the delay in reponding ,

JACUSTOMER-klnaree7- :

He is being assessed for financial help with regards ***** ***** in to a nursing home I have to provide a break down of his financial position and supply bank statements etc.

JACUSTOMER-klnaree7- :

His income is roughly 1300 pcm I have been using between 500 and 700 I slso buy his shopping etc he sends money to his step grandson because he is studying to be a doctor this is about 200 pcm and is included in what I use.

JACUSTOMER-klnaree7- :

I thought about this long and hard last night because I cant sleep what my farther said was use what ever you need if I have it you can take it all if you want.

JACUSTOMER-klnaree7- :

What i worry about i they say his mental ability isn't what it should be and they will say used ths to my advantage and I have been stealing which is totally un true because when I speak to my dad he remembers everything .

JACUSTOMER-klnaree7- :

I am very worried that they will see his statements and call the police or ask me whats been going on I have done nothing wrong as my farther gave me his permission I just wish I had taken legal advice before I agreed to all this.

JACUSTOMER-klnaree7- :

kind regards

JACUSTOMER-klnaree7- :

James

JACUSTOMER-klnaree7- :

Care provision he will have it for 2 months and then go to my sister

Joshua :

Not at all. Thank you for the comprehensive information. One final point to clarify for the avoidance of doubt. Do I understand from what you say that your father has begun to develop some problems with memory and/or cognitive functions but still is generally lucid and recalls your arrangement relatively clearly? Also do you have power of attorney?

JACUSTOMER-klnaree7- :

I dont have power of attorney although we will be moeing him in to my sisters house and I will seek to do it shortly.

JACUSTOMER-klnaree7- :

They say he has cognertive problems but tlking to my sister this morning she agrees with me that he is normal.

JACUSTOMER-klnaree7- :

I spoke again to my farther this morning who remembered this conservation yesterday quite clearly I outlined my worries to which in his words he said " ill tell the bastards what was agreed"" so I think he is not so cognitively impaired ?

JACUSTOMER-klnaree7- :

Its these doctors now days they have all the answers lol

Joshua :

Thanks. There are a few issues to deal with here and with your permission I shall take each in turn.

JACUSTOMER-klnaree7- :

ok

Joshua :

The easiest is power of attorney. Based on what you say obtaining power of attorney is likely to be something that you / your family should consider as a priority. It is necessary for your father to be able to understand what a POA is and be able to show that he has decided who to appoint as an attorney. The legal test is that he must be able to retain the above information in his mind long enough to be able to weigh it and make and show that he has made a reasoned decision based upon it.

Joshua :

If you believe he is still capable of the above then he can lawfully grant a power of attorney. Equally if there is any danger that his condition is degenerative the grantoing of a POA should be a priority.

Joshua :

Failure to obtain a POA would mean that if he lost capacity no one would be able to deal with his affairs and it would either be for the family to seek a deputyship order (similar to POA but granted through the court of protection) or for the local authority to step in. Deputyship orders cost upwards of £500 to obtain without a solicitors involvement. Can cost signifcantly more so POA is much better option usually.

Joshua :

In terms of your arrangements there are two components to this. The first is that there is nothing illegal about what has happened to date. Your father is free to give away or financially support anyone he wishes. If there is a danger that his capacity is degrading however and you are concerned that third parties may question your arrangements, you may wish to consider asking your father to confirm your arrangements in writing in front of a trustworthy independent witness of good standing in the community - this could be a solicitor or professional independent friend of the family or something similar where the arrangement is explained and your father signs something to confirm he was in fully support and agreement of the arrangement. Providing the witness is of good standing, this should give you comprehensive protection against any third party questions that could arise.

Joshua :

The second component with regards ***** ***** arrangements with your father is the need for nursing care for your father. Whilst it is true that your father can give his assets to whom he wishes, once it becomes clear that your father may need state suport for nursing care, this changes. The reason is that the state can make claims agaisnt your fathers assets in order to pay for nursing care save for £23,500 after which the local authority has more limited claims it can make. It can also take almost all of his income, again save for a small amount each month. Accordingly the local authority can prevent any payments to third parties that remove assets from your fathers estate where those assets may be needed for residential care. What this means in practice is notwithstanding the above, the local authority is likely to be able to legally object to any future payments to you where these payments deprive your fathers estate from assets. As regards ***** ***** in the past these are not likely to be subject to challenge up to the point it became apparent that your father may need residential care.

Joshua :

In terms of your specific questions, it is not likely that the poice would be involved providing the local authority is satisfied with your explanations for any monies that have been removed from his account. Even if the police were involved they must prove beyond reasonable doubt that you stole money in order to convict - this is a high standard to pass and in any event you can seek to protect yourself against all such claims by putting in place something in writing with your father as we discussed above.

Joshua :

Going forward if your fathers assets are to be the subject of nursing care fees it is questionable, even unlikely that further payments will be able to be made to you and so you may need to think about how this may impact you going forward which based on what you say I think is your intention anyway. Any further monies that were taken would likely be claimed back by the local authority in any event.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

hi yes you answered all questions very fully thank you.

how do i rate you cos I would rate excellent.

Jim

Expert:  Joshua replied 2 years ago.
thank you very much. you appear to have successfully done so which I'm very grateful

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