Hi, this is my first post here.
I am my father’s carer. He has recently gifted a relative a substantial amount (10 per cent of his savings).
Is there anything I can do legally to intervene and limit how much he gives away? The relative in question has always had sway over him.
Thanks in advance for any advice, Kevin
Hi Kevin. Welcome to the forum
Do you have POA for your Father? If he doesn’t have mental capacity, it’s possible to intervene, but you may need to get advice from a Solicitor if you have concerns.
I know how you feel. My Dad eventually went into Care and my ex-sister-in-law used to visit (she had a lot of influence too!) She brought her daughter one day and apparently there was a conversation along the lines of ‘Oh Grandad I do miss you. I wish I could visit more often but my old car won’t make it up the motorway…’ She went off with a cheque for £3,000! Never did visit again… Oh and as they live in Cornwall, she has NEVER driven on a Motorway and refuses to drive on Dual-carriageways - so how the heck she was going to drive to Bristol is anyone’s guess!! Influence can be abused in so many ways on the elderly who want to be loved.
I am sure others here will have other advice. Best wishes
Chris
It might be worth checking out the .GOV.UK rules on inheritance tax regarding “gifts” given during the donor’s lifetime - basically in some instances the person receiving the “gift” would still be liable for inheritance tax on the amount given (40%).
You need to talk to dad’s bank, as they have a duty to protect vulnerable customers. If you have POA, start using it to protect him.
What sort of hold does this person have over him?
The bottom line is that if dad needs care, the council will do a financial assessment, and look at his assets. If they see he’s given away a substantial amount, there will be real trouble. He cannot do this. Maybe warn the person the money was given to that the council may ask for the money back at a later stage!!!
In any case, if dad is giving someone not caring for him a substantial sum, he should be paying you a substantial amount each week for caring for you, which IS allowed!
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