Difference between lasting power of attorney and Deputy attornyship

[Raytheham]

As I understand it the deputy attornryship is more complex and one level above Lasting power of attorney. Its selected because the person has no cognitive powers left. My wife has deputy attorneyship powers over her mothers estate. She has been claiming for her time from tne estate and the OPG have signed off on her first years detailed claim. However in the OPg booklet it says only professional deputies can claim for time. The amount of time my wife has had to spend on this process has had a deletrious effect on her life and now she is concerned that she may have to pay back her time expenses. She has had several problems with RBS/Halifax trying to resolve the accounts to pay care home fees etc and in desperation went to the financial ombudsman to sort out RBS/Halifax who then threw a spanner into the works saying she couldn't claim for her time despite the OPG approving her accounts.

If the OPG has already signed off on the accounts, can they claim any back.

The solicitor who set up the DA says carry on but my wife is really upset about this. Its traumatic enough as it is. OPG commented on how detailed and clear the accounts were.

Can any one suggest a solution?
Many thanks
Ray

 

[ITBookworm]

I don't have any experience of this so it is only an opinion... I would have thought that if the OPG has signed off on the accounts it should be OK.

Alternatively a number of people on here have posted that the helpline staff for the OPG are very good. Would it reassure your wife more if she phoned up and asked them specifically? That might mean they do say she shouldn't really be claiming for time but at least she would have a definite answer one way or the other.

Good luck with the banks!

 

[Timron]

I am a Deputy for my Mum and have been for 3 years. I claim back costs relating to the deputyship, but not my time. However I used to live in London and claimed petrol and hotel costs back from the estate, which the OPG passed. I live locally now so I do not claim for my visits anymore. I would think that if the OPG have signed it off that you are legally covered. Have you checked with them?

I can understand your wife feeling anxious about this, it is a big responsibility, and I also spend a lot of time working within the deputy order. Preparing the annual report alone takes up a huge amount of time and sleepless nights.

I hope you get it sorted out soon - please let us know what happens.
Mandie

 

[nitram]

A deputy can claim expenses and the cost of using a professional , they cannot claim for their time.


See pages 21 - 22

http://www.direct.gov.uk/prod_consu...disabled/documents/digitalasset/dg_186486.pdf