Hi everyone, I've joined this forum as my father, 90, has severe vascular dementia and is very frail. Myself and my brother have LPA for dad, but this has become problematic for a particular reason. I'll explain why and explain what I'm doing about it as I hope it will be of use to members. Likewise I will post the outcome when this has concluded. Here's the story:
Since my mother's death last year my brother and I have had LPA for our old, frail father. He has severe dementia, he lives in a care home and his health / condition have been declining rapidly since last year. I live Some distance from dad, it's at least a three hour trip one way, but I try to visit as frequently as I can for both personal reasons (of course) and to fulfill my duty of care under the mental capacity act 2005 - as dad's attorney I am acting in his best interest to ensure he is well cared for and to give him as much compassion, love and support as possible. The visits seem to cheer him up, especially when I take my daughter along. She adores him, he loves her and it's great to see him smile, even now.
So, after reviewing both the mental capacity act 2005 and the OPG guidance for attorneys, I thought it was reasonable to claim my travel expenses for my visits to my father as I am an artist about to go on working tax credit. The expenses are proportionate to my father's funds, which continue to grow net of expenses and his house's running costs; his care costs are paid for by the local health authority.
The annual cost of this ongoing expense is about £2,000, more than the £500 in the opg guideline, but the cost of travel, even when booked in advance, is steep and The journey is a real "planes, trains and automobiles". I also sometimes need to use a cheap rental car for one or two days when I visit as my knees and back are not in good shape and often painful. I stress I do not profit from this, it's just my travel costs.
I am also bearing in mind my late mother's wishes. She urged me, in writing and face to face, to take good care of him after her death and was quite frank face to face that the future cost of travel should not be an issue. When he was more lucid my father held the same view, one that I periodically rechecked in a neutral way. The 2005 Act and opg are both clear about respecting family member's values and wishes as well as my dad's capacity for decision making.
Here's the issue. My brother in his capacity as co-attorney disagrees with what I have been doing. His point of view is that it is wrong, constitutes "taking", potentially sets me up for legal problems down the line and is thoroughly against both the spirit and letter of the Act and the Guidance. His view is that LPA duties are purely financial and have no pastoral dimension. I am distraught at this as all I want to do is act in my father's best interest and in accordance with family member's wishes, those of my late mother and my dad when he was more lucid.
I am reviewing this with CAB soon, all booked up, so wanted to share what must be a real issue for those attorneys who live some distance from a family member and find it a financial burden to maintain frequent visits.
It would be brilliant if any of you out there have experience of this and can comment constructively on the topic.
This is really wearing me out, it's on my mind constantly.
Thanks all.
Since my mother's death last year my brother and I have had LPA for our old, frail father. He has severe dementia, he lives in a care home and his health / condition have been declining rapidly since last year. I live Some distance from dad, it's at least a three hour trip one way, but I try to visit as frequently as I can for both personal reasons (of course) and to fulfill my duty of care under the mental capacity act 2005 - as dad's attorney I am acting in his best interest to ensure he is well cared for and to give him as much compassion, love and support as possible. The visits seem to cheer him up, especially when I take my daughter along. She adores him, he loves her and it's great to see him smile, even now.
So, after reviewing both the mental capacity act 2005 and the OPG guidance for attorneys, I thought it was reasonable to claim my travel expenses for my visits to my father as I am an artist about to go on working tax credit. The expenses are proportionate to my father's funds, which continue to grow net of expenses and his house's running costs; his care costs are paid for by the local health authority.
The annual cost of this ongoing expense is about £2,000, more than the £500 in the opg guideline, but the cost of travel, even when booked in advance, is steep and The journey is a real "planes, trains and automobiles". I also sometimes need to use a cheap rental car for one or two days when I visit as my knees and back are not in good shape and often painful. I stress I do not profit from this, it's just my travel costs.
I am also bearing in mind my late mother's wishes. She urged me, in writing and face to face, to take good care of him after her death and was quite frank face to face that the future cost of travel should not be an issue. When he was more lucid my father held the same view, one that I periodically rechecked in a neutral way. The 2005 Act and opg are both clear about respecting family member's values and wishes as well as my dad's capacity for decision making.
Here's the issue. My brother in his capacity as co-attorney disagrees with what I have been doing. His point of view is that it is wrong, constitutes "taking", potentially sets me up for legal problems down the line and is thoroughly against both the spirit and letter of the Act and the Guidance. His view is that LPA duties are purely financial and have no pastoral dimension. I am distraught at this as all I want to do is act in my father's best interest and in accordance with family member's wishes, those of my late mother and my dad when he was more lucid.
I am reviewing this with CAB soon, all booked up, so wanted to share what must be a real issue for those attorneys who live some distance from a family member and find it a financial burden to maintain frequent visits.
It would be brilliant if any of you out there have experience of this and can comment constructively on the topic.
This is really wearing me out, it's on my mind constantly.
Thanks all.
