# Mother's Inheritance, non compos mentis, legal issues



## Oblivious (29 Feb 2012)

Hi just looking for some advice,

My Grandad based in Londan left a sum of money (sterling) to my mother who has lived in Ireland for the last thirty years or so.  

My mother would not be considered compos mentis although this has not been declared legally.  So far we have managed to facilitate her living at home with some external paid help and keeping a close eye on her.  We would hope to use this money to continue supporting her at home for as long as possible but she certainly couldn't be expected to manage this money.

My Aunt wants to organise transfers of monies.  They are planning on appointing me and one other sibling as trustees so we can use the money in the best way possible in order to take care of my mother.

Can we just open a bank of account with our names and get money transferred there? It is not our money so I'm not sure if this is the correct thing to do even if we are appointed 'trustees'.  

Do we need to get a solicitor and what legal issues do we need to consider?

Thanks for any help.


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## mf1 (29 Feb 2012)

There are a number of ways of looking at this. 

1. Go informal. Do as suggested. 
2. Go formal. 

In my experience, option 1 works really well in families where there is unlikely to be any fall out down the road. Although you can't always tell who is going to turn nasty, previous  fallouts are a really good indicator. 

Option 2 is failsafe. In the absence of an Enduring Power of Attorney ( and I think it's safe to  assume that there isn't one) , have your mother declared a Ward of Court and the funds can be used for her welfare. This process can be distressing and expensive (medical and legal expenses) but you can rest easy in the knowledge that no-one can ever accuse you of acting in an underhand way. 

mf


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## elcato (29 Feb 2012)

> My mother would not be considered compos mentis although this has not been declared legally.


Has a doctor declared this ? In order to get an enduring power of Attorney she must first make a declaration that she is willing to nominate one while in a fit state of mind. Later, if a doctor declares her non compos mentis at some stage down the road, the POA comes into play. It would be highly unusual for a doctor to claim she is fine one day and a few days later claim she is not so if she is gone past redemption then this option is not on. Of course, I would think also a legal person would not be happy with this.
Further down the line if she needs nursing care you can appoint a Care Representative who will act for her. This would be required if you were applying for HSE fair deal scheme on her behalf. I believe it's a cheaper option than POA but less powers also.
Maybe stick with the informal way and hope no one causes any problems.


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## Oblivious (29 Feb 2012)

Thanks for quick respose and advice.  

Correct no Enduring Power of Attorney, and personally I prefer Option 1 and so far this is how we have handled it with no falling outs to date.  I was wondering if we are legally obliged to go down a more formal route.


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## csirl (29 Feb 2012)

You can get a bank account in your mothers name where you and siblings are signatories. This leaves every in no doubt as to who's money it is and it prevents anyone from claiming it as their own in the event that your mother passes away.


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## Stronge (25 Mar 2012)

Banks have got very strict when opening accounts. Even if your mother has an account already they would require her to go into the Bank and produce all the usual identification  ie bills, bank statements etc.  There was a time when opening an account when you already had one was just a simple matter but no longer, I am afraid. I was getting signing authority on my mothers account some years ago and the bank official actually called into the Nursing home where she was to witness her signature. (He did live nearby)


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