looking after my daughters benefit money n future

[Mummypam]

hi. My daughter is 58. I am her appointee for benefits. I am 80 years old.

what is the best way to organise her benefits when I am no longer around. Can MENCAP do it.

[FragileXmum]

Hi Mummypam. Thank you for posting this question. I don't have the answer, but I am in the same position for both my sons who are in their 30s. How to arrange things for the future is always on my mind and is such a worry. Let's hope someone out there can reassure us. X

[Mummypam in reply to FragileXmum]

Thank you fragilexmum for your reply.

I am hoping MENCAP can come up with an answer to help us both. And the many others in similar position to us.

Kind regards x

[Mencap-Wills-Trusts Expert]

Hello Mummypam ,

In order for your daughter to keep her benefits safe, you'll need to set up a trust for her for after you are no longer here.

If your daughter were to inherit anything above £16,000 this could potentially stop her benefits.

In terms of your daughter's appointee; have you spoken to other family members, social services or the local authority about who could take over this role after you're no longer here?

To set up your trust you'll need to speak with a specialist solicitor which we can help put you in touch with. It's really important that the solicitor you appoint has the correct qualifications for this area of law. The trust you set up will either be a disabled person's trust or a discretionary trust.

Your daughter's benefits cannot go into the trust, because these funds belong to her; if she or you were to try and re-direct them into a trust it could be seen as a deliberate deprivation of assets.

If you'd like to know more, please contact us on - [e-mail] and we can guide you more.

We also run free webinars about this topic, if you'd like to join, places can be booked via mencap.org.uk/willsandtrusts

Many thanks,

The Wills and Trusts Service

[Mummypam in reply to Mencap-Wills-Trusts]

Thank you for your reply. My husband have I have stated in our will that we want a descretionary trust set up four daughter with her share of inheritance.

However the solicitor was not a specialist solicitor. Do we need to change to a specialist solicitor to do this.

Thank you for your help.

[Bergersil400]

Hi MummypamI had the same question for ask the expert last week. I am 63 my daughter 29 who now lives in supported living for last 2 years. Look for answers in ask the expert event.

Her answer was that this can be done by a professional company who will manage the appointeeship for you through social services. It will come at a cost. My daughter is health funded so might not be a cost. I did have a professional company involved a few years ago when she was still at home Mosaic I think. At that point I still wanted full control so felt not necessary. If there were family members a sibling for example who could do it, that could be explored?

Does your daughter live with you as you might want to make provision for her housing needs too? This was why we decided on supported living whilst still young. She comes to us most weeks. We try and have a long weekend away about once per month when she will stay in her supported living.

[Mummypam in reply to Bergersil400]

Hi, yes big decision. My daughter lives in supported living too. Her care funded by chc. She is the only one living there.lady who lived with her unfortunately died. We have two sons but live too far away be appointees. Although they are both supportive. The plan is when we die they will take over with meetings etc. but too difficult for them to control benefits. We did speak to bank about this, but were told they would need court of protection. We visit our daughter a lot too.

I did ask lady from CHC who came for yearly meeting what we do about benefits etc. and she said council take it over.

Let me know if you have any other solution. Surely there must be loads of us about who have same worry. X

[Harriethare]

hi I am in this position too. My son recently moved into his own shared ownership property. I am his deputy so manage his benefits. I did talk to a company recently Andy Riddle? He said they could do this but at a cost, when I asked how often they would visit my son they said annually! I was hoping for monthly at least! So I am still trying to find out more! I did ask re local council and manager said they are not very organised!!

[Mummypam in reply to Harriethare]

That does not sound good enough harriethare.

We as older parents seem to be left out in the cold over this issue. If we mess up with their benefit money we would soon be in trouble.

Council will charge but I do not know how much.

I was hoping MENCAP wills and trusts would be able to help, but it does not seem so.