17/09/2022
With the cost of care costs spiralling, managing money effectively for attorneys has become a nightmare. Attorneys are worried that a failure to invest at least some of the funds available will result in them running out of money to fund the donor’s care costs. However, the risk of potentially losing money by investing in asset backed investments is equally daunting. Some even question their authority to do so.
I feel genuine sympathy for their plight. A vast number of attorneys are simply the concerned offspring, with no professional investment or legal background, looking to manage their parent’s assets in a way that will protect their mum or dad’s financial future. For many of them, the high care costs mean that they are watching the funds available become more and more depleted on a monthly basis.
Unfortunately, there is no silver bullet in this situation. There are no cash deposits offering fantastically high rates of return with minimal levels of investment risk. The greatest security for many may come from purchasing an immediate needs annuity, but the prospect of paying a considerable sum for an income that may only last a matter of months, is an unpalatable option.
This is a very complex area, and it is crucial for any attorney thinking about investing a donor’s money, to take financial advice.
In this article, I have looked at case law to try and determine the circumstances in which it is suitable for the attorney to invest the donor’s money. Furthermore, I have highlighted some principles and considerations that may help attorneys to decide whether they should be looking to invest to maximise the donor’s returns.
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A brief guide to principles and considerations that can help attorneys to decide when and how to invest a donor's funds.