Legal implications of giving money

[Frank1]

A claim can be made against the attorney after the donor's death for damages caused by breach of fiduciary duty if he misappropiates the donor's funds.
The claim should be made by the personal representative of the donor's estate If your husband fails to take action as executor he could be sued in court

[Penny099]

A claim can be made against the attorney after the donor's death for damages caused by breach of fiduciary duty if he misappropiates the donor's funds.
The claim should be made by the personal representative of the donor's estate If your husband fails to take action as executor he could be sued in court

Thank you. I will pass that onto her.
Her overall stance is that the other grandchildren were always the favourites, so the giving of money is just carrying on what's gone before. Sad, really, that there are only three grandchildren, but one is clearly left out of everything.

[Penny099]

Can a case be brought even if the donor had capacity?

I think this is where the challenge is - MIL does not have the usual capacity problems one would usually see in a 90 year old.
However my husband had to get POA as soon as his father died as his mother has never dealt with bills. Would that show that she does not have capacity?

[Tofros]

No, capacity is about the making of the decisions not the execution of them. However, an attorney still has limits on what he can do even if instructed by someone with capacity. Hence my recommendation for legal advice on where the line is in these particular circumstances.