Inheritance, Benefits & Data Protection

[Fraddsman]

My sister-in-law, lives in a supported community, with Barnet Council acting as her deputy law the Court of Protection as she lacks mental capacity. In 2017 she inherited over £100,000 from her brother who died unexpectedly - his intention was to have created a Trust Fund for my sister-in-law.

My wife, despite being recognised as next of kin, has been unable to learn how this money has been spent and what impact it has on her benefits - with the council citing Data Protection as the reason for not giving any information.

Would appreciate advice on what our next step should be. We recognise that much of the inheritance will be spent on replacing means tested benefits until it falls to a set level, which we understand to be either £18,000 or £6,000. However, we would also like to know that this unexpected inheritance has enabled her to enjoy rather more activities, outings and general benefits other than 'saving' the Council's costs.

[Sarah_Mencap]

Hello Fraddsman

What a tricky situation. It is such a shame that Trust Fund was never set up.

It would be worth calling our helpline to have a chat about this on 0808 808 1111. They will able to let you know more about your rights.

Please let us know how you get on .

best wishes

Sarah

[BenjiB]

It’s my understanding it would have replaced means tested benefits like ESA or UC. Depending of who funds her care would depend on whether it would be used to replace that. It’s a very tricky situation.

[JacksDad]

Hi Fraddsman

This is such a shame, as Sarah says, that the Trust Fund was not set up. I think there are two lessons that the rest of us can learn from this.

The first is that a Trust Fund would have ring fenced the inheritance for your sister-in-law, so it could have ALL been spent on what is important to her, rather than on reducing the council's care funding bill. So for the rest of us - if you have a vulnerable person who might inherit any money at all one day, set up the Trust Fund NOW and ensure that the relevant wills are written in such a way that the money goes directly into the Trust Fund and not to the individual personally.

The second is that a Deputy should act in the best interests of the person they are appointed for, not in the interests of anyone else. I think one would have to question any council responsible for care funding to show that they are acting in that person's best interests, if they are appointed as Deputy. It is not easy to be appointed a Deputy, to be responsible for the affairs of someone you love, and it might appear simpler to let the council take on this role. But it does mean that they can decide what is in that person's best interests ...

When my boy Jack was still a minor, approaching 18, his Mum had the foresight to be appointed his Deputy so that she could have the final say on what was right for Jack when he reached adulthood. She also had the foresight to rewrite her will to leave her estate in Trust, and even persuade her elderly Mum to do the same. How wise that she did that; one day she just collapsed and passed away, without warning, just like that.

What can you do Fraddsman? You might consider writing to the Court of Protection explaining what has happened (Has Barnet Council told COP of the inheritance?) and asking COP to get Barnet Council to show how they are acting in your sister-in-law's best interests in the matter of the inheritance. COP also might want to ask how the money has been spent, and might be more willing to give you that information than Barnet Council has been. You could also consider a Freedom of Information request to Barnet Council, although they might be able to refuse to provide personal information.

Good Luck!

Jacks Dad

[lailamencap]

Hello all,

Fraddsman I am sorry to hear about the situation you and your sister in law are in. I really hope the LD helpline has given you some guidance here. Not an easy situation to be in.

Thought I would chip in to say Mencap are running a free 'Decision Making seminar' in March 2020 in London. The topics Jacks Dad so helpfully mentioned of Deputyship and Court of Protection, will be covered in the seminar, by a solicitor who knows the ins and outs. The details can be found at mencap-decisions.eventbrite...

And if anyone needs any help understanding the topic of Wills & Trusts, myself and Gina at the Wills & Trusts Service are always happy to help. We want to make sure people know what to do to avoid being in situations just like this. You can email us at [e-mail] or call 020 7696 6925.

Best wishes and Happy New Year if it's not too soon to say!

Laila

Snr Wills & Trusts Officer

[olive001]

Hi,

You said "with Barnet Council acting as her deputy law the Court of Protection as she lacks mental capacity"

Are you able to find the named wo/man who is responsible / named as the Deputy?

It cannot be "Barnet Council" as that is a Corporation (a company) and not a living body who can think and feel ie make decisions in your sister in laws "BEST INTERESTS"

Best wishes,