question about POA

[myheadisinaspin]

hi can any one tell me if POA will affect benefits. i'm a full time carer for my husband and mum has problems not yet diagnosed, her main problems are finances. she would want me to sort it all out for her in the future. how or will this affect the benefits in anyway that we are getting for my hubby and me and children. some help/advice would be appreciated thanks in adavnce x

 

[Brucie]

Moderator note: I'm moving this to the main forum where it should receive more replies

 

[Brucie]

As far as I know it would not affect benefits in any way since you would not receive anything, you would simply be appointed to handle your Mum's finances at such time as she was unable to do so herself. At that time you would need to show you were doing that in her interests.

You would be making no financial gain, so it should not impact any benefits.

... just my thoughts

 

[Stephen Hants]

I would agree it shouldn't affect your benefits. Make sure though that you keep your mum's finances separate from your own and keep records of any transactions on her behalf.

 

[sue38]

Hi Bonnie,

I think there may be a problem with paying yourself for caring if you hold Power of Attorney. We have had a thread on this before, and I will try and find the information.

Edited to add:

Sorry, it was not about benefits, but about Direct Payments and this is the link to the thread

http://www.alzheimers.org.uk/talkin....php?t=11860&highlight=direct+payments&page=2

If you do claim carer's allowance for yourself, this would affect your benefits, but if you are only dealing with your mum's benefits as her attorney, your benefits would be unaffected.

As Stephen says, make sure you keep your money and your mum's money separate.

 

[Rootshalle]

Poa

Hello, best check the wording with the solicitor when setting up the POA. I have an Enduring POA with my mum....its states that the attorney may recover out of pocket expenses but goes onto say that you may wish to provide expressly for remuneration of your attorneys (although if they are trustees they may not be allowed to accept it).

I appreciate this isn't so clear so best to check with a solicitor as I say.

I echo other advice to keep receipts and records of any transactions you make on another's behalf and from their accounts.

Also when registering with banks etc go with plenty of evidence of who you are, passport, driving licence, etc etc & also evidence of the person you are representing, birth certificate, passport, account details and so on. Makes the form filling & process much quicker.

best regards - R

 

[Stephen Hants]

I have recently completed a LPA and have notified both the Nationwide and Lloyds TSB so that I could manage the finances for my mother. Both institutions were helpful even though Lloyds had some issues with the LPA which had been registered with the office of the Public GuardianFortunately most of my mother's affairs are conducted via Direct Debit and her sister collects her pension for petty cash so there is little to do except monitor things. It is a very complicated process, the form is over 26 pages long, and I know some go to a solicitor becuase it looks daunting. However, it can be completed by an individual and registered on behalf of the donor with a little perseverance. This can save quite a few hundred pounds

 

[Clive]

Though you probably already know…it is always worth being reminded never to let the original EPA document out of your hand (except when sending it for registration with the Court of Protection). Always use a Certified copy as it is only too easy to lose the EPA, especially when sending it by post.

It is also worth saying that if you need to go to a Solicitor to get an extra Certified copy of the EPA you should shop around as the price charged can vary from nothing to £25 or more.

Clive