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My father is due to go into a care home, my mother has given

 
F E Smith's Avatar
  • Answered by:F E Smith
  • Solicitor
  • Positive Feedback: 96.9 %
  • Accepted Answers: 136
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in UK Family Law

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Customer Question

My father is due to go into a care home, my mother has given me some money to spend and also to keep for the costs of the care home. Legally am I able to spend any of the money on myself, as I believe that their savings would be 50 - 50 and that mum could do what she wanted with her part of the money, is this correct?

Submitted: 355 days ago.
Category: UK Family Law
Value: £28
Status: CLOSED
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Expert:  F E Smith replied355 days ago.

Good day,

I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.

How much has she gifted you?

Customer replied354 days and 23 hours ago.

100.000 has been gifted

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Expert:  F E Smith replied354 days and 22 hours ago.

Good afternoon,

I am sorry about the delay but we have had a few technical problems

It seems that by making this gift your Mother is passing the responsibility to you for the care home fees. These can often be as much as £3,000.00 per month. I would certainly therefore not be inclined to spend any of the money on yourself as this could easily be used up very quickly. It really depends on what your arrangement is with your Mother but for your own sake, I think it would be best if the invoices from the care home are not directed to you unless you have been granted Power of Attorney or are the appointed Deputy for your Father.

Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.

Best wishes FE

Customer replied354 days and 22 hours ago.

Thank you for the reply - please could you advise if I will be in any trouble over the money that has been spent

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Expert:  F E Smith replied354 days and 21 hours ago.

Good afternoon again,

How much money has been spent and on what? FE

Customer replied354 days and 21 hours ago.

10,000 on my mortgage

Customer replied354 days and 21 hours ago.

10.000 ON MY MORTGAGE,10,000 on my mortgage

Customer replied354 days and 21 hours ago.

£10.000 off my mortgage

Accepted Answer

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Expert:  F E Smith replied354 days and 20 hours ago.

Good afternoon,

I am sorry about the delay but we have had a few technical problems.

I do not see that you are in any trouble. The only thing that might happen is if your mother does not survive for 7 years after making the gift then this could be brought into account for inheritance tax purposes.

Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.

Best wishes FE

Expert TypeSolicitor
Category: UK Family Law
Pos. Feedback: 96.9 %
Accepts: 136
Answered: 6/29/2012

Experience: 30 years General Practice including Divorce & Matrimonial Property

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Expert:  F E Smith replied351 days and 11 hours ago.

Hi,

I do hope my answer has proved to be of benefit to you. If you should require my advice in the future please do not hesitate to me starting your question with FOR THE ATTENTION OF FE SMITH.

 
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