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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34469
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We have power attorney mother who lives with us .96

Customer Question

We have power attorney for my mother who lives with us .96 yrs of age. When she sells her house are we able to gift some of the money (ourselves and my brother )keeping a balance say 30'000£ as my mothers .we have no plans at the moment for her to go into care.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion first.Does your mother still have mental capacity?How much will she receive from the sale?
Customer: replied 1 year ago.
She has mental capacity. Hopefully about 120000£ from sale.
Customer: replied 1 year ago.
Did you receive my reply.
Expert:  Clare replied 1 year ago.
Has she said that she wishes to make this gift to you?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
You are very slow .are you hoping for more money
Expert:  Clare replied 1 year ago.
My apologies - we are all working lawyers and travel can take time!Since this is her wish you can carry it out on her behalf HOWEVER please be aware that if she need sto go into a Nursing home at any time in the future you willbe responsible for the costs as she will be assessed on the basis that the money IS still available to her - so you will need to be able to fund her care for the first £90,000 worth. - IF it becomes necessaryIf there is any doubt about her mental capacity then you cannot do this as you can only use the Power for her benefitPlease ask if you need further details