3rd party top up fees and LPA

Discussion in 'I care for a person with dementia' started by Sugarbird, Dec 5, 2018.

  1. Sugarbird

    Sugarbird Registered User

    Apr 18, 2014
    2
    Leicestershire
    Hello. This is my first post here. My mum has dementia and has been in a care home for 2 years. She's been self funding but has just dropped below the financial threshold so will receive local authority support. I've agreed to fund the top up payments but only because I was told by her social worker that as I have power of attorney I can do what I need to with her money. Otherwise we couldn't afford it. Has anybody else been given similar advice?
     
  2. nellbelles

    nellbelles Volunteer Host

    Nov 6, 2008
    8,252
    leicester
  3. canary

    canary Registered User

    Feb 25, 2014
    9,660
    Female
    South coast
    Did the SW specifically say that you could use your mums money to pay for top-ups? Im afraid that its not true
    I do wish that SWs would stop giving out dodgy financial advice about paying for care and what you can/cant do with a POA.

    BTW - it is worth going back to your mums care home and asking about the top-ups.
    When my mum went into her care home I was told that if she was self-funding for 2 years or more then when her money dipped below the threshold they would waive the top-ups. Actually she passed away before we got to that point, but it might be worth it to ask about your mums.

    If they wont budge, then try going back to the LA and explain that you cant afford them. Stress that it would not be in your mums best interest to move her and see whether they will increase their budget.
     
  4. Louise7

    Louise7 Registered User

    Mar 25, 2016
    988
    I was just about to post the same thing. If you are topping up your Mum's fees with her money then it is not a 'third party' top up. Seems quite common for social workers to give out financial advice which is wrong!
     
  5. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    7,564
    Yorkshire
    #5 Shedrech, Dec 5, 2018
    Last edited: Dec 5, 2018
    hello @Sugarbird
    a warm welcome from me too
    I am a little confused by what the Social Worker has told you - any top-up payments are paid by the third party from their own finances not by the person in the care home from their savings - so in your situation, you will pay the top-up from your money, not using your mum's savings

    being an Attorney doesn't mean you can do what you like with the donor's money, you have the responsibility to act in the donor's best financial interests and within any rules that apply in any given situation

    maybe ask to speak with the financial department at the LA as the SW has given you incorrect advice

    here's a link to the main AS site's info on paying for care, scroll down the page to the info on top-ups
    https://www.alzheimers.org.uk/get-support/legal-financial/care-home-fees#content-start
     
  6. Sugarbird

    Sugarbird Registered User

    Apr 18, 2014
    2
    Leicestershire
    That's very depressing. Yes I was told that I could use her money as I wished. The care home won't waive the top up fees. I will just have to see what I can do with the LA. Thank you for the feedback.
     

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