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Legal, pensions and money

Money for family

(6 Posts)
FRANKIE Sun 03-Mar-13 19:13:44

Thank you ladies for replying so promptly! All advice sound, and yes, I wll get in touch with solicitor, probably the one that arranged the POA. I wish it had been made clear from the start what I can and can't do.
Thank you again.

FlicketyB Sun 03-Mar-13 18:22:26

Frankie, Citizens Advice Bureau may also be able to give you preliminary advice. If you see a solicitor do make sure that they have expertise in this area. There is a specific qualification they have to have to deal with these issues

On a more general point. If you need to see a solicitor do make sure they specialise in the area of law you need advice on. A friend of mine had a long running dispute with a neighbour and her solicitor made all kinds of errors because they did not specialise in property law. When her surveyor suggested she change solicitors and recommended a property specialist the whole case was sorted in six months to her advantage.

Mishap Sun 03-Mar-13 18:16:33

It sounds a reasonable thing to do on the surface, but I can understand your reservations. There might also be a problem if your stepmother needed nursing/residential home care, as SSD might query the removal of a sum from her capital.

I think that the advice to seek legal advice is sound. It need not take long or cost much.

HildaW Sun 03-Mar-13 18:16:28

Frankie. If you are legally her Power of Attorney - you have the documents to prove it - you can use her money, but only for her needs. You need to keep full records and prove that anything you spend is for her. You can 'charge' out of pocket expenses such as travel expenses but you cannot help yourself to her money.

Ana Sun 03-Mar-13 18:11:56

See a solicitor, Frankie. Any advice we can give you on here would only be to the best of our knowledge, and you need to get a professional assessment of the situation.

FRANKIE Sun 03-Mar-13 18:05:15

Before my father died, he wanted me to be his Power of Attorney. Unfortunately he passed away before this could be done. He gave me a copy of his will, also copy of his house Deedsfor safe keeping. I discussed this with his widow (my step mother) and I am now her POA. This was a few years ago.
Last year my younger brother died of lung cancer, and my sister in law, besides being bereft, was also extremely hard up.
Discussing this with my step mother, she agreed that I could give my sister in law 2000 pounds from her account to help with funeral expenses etc.
Step mother said that my elder brother and I were to have the same amount when needed.
My elder brother had his 2000 pounds last month, he has a disabled wife and found the money very useful.
I did not take any money for myself, as I was fortunately ok for money myself. However, my step mother is now showing signs of the beginning of dementia.
I am a bit concerned because I do not know how the law stands on taking money from someone's account if they do not fully understand. Although I know that I have had permission verbally to take money when she was fully well, not sure if I can do it with clear conscience now, even though I could now do with it!!
She has about 14,000 pounds in savings, and her little bungalow is worth about 150,000 pounds, so not sure if we will have to pay inheritance tax.
Both my father and step mother have left everything to be shared between my brothers and myself. My step mother has no family of her own.
She is 91, and I am her full time carer.
I feel as if I want someone to give me permission to take my "share", but only if it is legal. Any advice?