DWP now writing to me

[northumbrian_k]

As part of my wife's claim for Attendance Allowance I was asked by DWP to send a certified copy of the LPA I hold for her and for which I act as attorney. Since doing so I have become the recipient of correspondence that would previously have been addressed to my wife eg notification of her entitlement to AA and her winter fuel payment. This isn't a problem as the money still goes into her separate account, but it does raise a question of how, based on the paperwork I sent them, DWP has made the decision that my wife is not competent to receive such things in her own right. Compared to the hoops others have had to jump through with banks and other organisations this seems almost too easy.

 

[nae sporran]

When we had to change OH's Pension credit claim from single person to married (we never actually married, but they decided we were living as if married) they appointed me as responsible for both of us. That was based on jut taking to us, long before we got POA sorted.

 

[nitram]

If dementia was mentioned in the application for AA, and unless you proved otherwise, the DWP will have assumed financial incapacity and asked for an LPA.
If there is no LPA they will set about organising an appointee.

 

[Pete R]

............based on the paperwork I sent them, DWP has made the decision that my wife is not competent to receive such things in her own right. Compared to the hoops others have had to jump through with banks and other organisations this seems almost too easy.

Since you sent in the paperwork, not your wife, and you were asked for LPA I am not sure what the problem is?

 

[northumbrian_k]

Since you sent in the paperwork, not your wife, and you were asked for LPA I am not sure what the problem is?

There is no problem as I thought my original post made clear. This forum is a place to discuss personal experiences in relation to financial, legal and benefits issues not just to report problems or ask for help.

To be clear, my wife signed the form initially (having had someone from welfare rights to help complete it) and it was only after a phone call from the DWP decision-maker that I submitted the LPA.

I was ruminating rather on how simple it seemed for DWP to accept the situation when I have read posts elsewhere on TP which suggest that it is not always easy to get institutions to understand and act accordingly. I was also wondering aloud about when a person is considered not to have capacity as the simple facts of drawing up power of attorney and having a diagnosis of Alzheimer's do not necessarily add up to loss of capacity.

 

[Sammie234]

I helped my OH with his AA form and then he signed it because he still had that ability even though shortly after he will forget what he signed. I have POA but wanted to give him the independence of signing himself we had the POA put in place early in in his diagnoses.DWP just phoned once and payments go straight into the account.

 

[northumbrian_k]

I helped my OH with his AA form and then he signed it because he still had that ability even though shortly after he will forget what he signed. I have POA but wanted to give him the independence of signing himself we had the POA put in place early in in his diagnoses.DWP just phoned once and payments go straight into the account.

Yes, that is why my wife signed the form. After that it took a few weeks but was straightforward.

 

[jenniferpa]

I think this is unique to DWP.

 

[Pete R]

There is no problem as I thought my original post made clear.

I thought this was the question you were asking....

.....but it does raise a question of how, based on the paperwork I sent them, DWP has made the decision that my wife is not competent to receive such things in her own right.

Getting a bank/other institution to allow third party access to what might be a considerable amount of money is a tad different to DWP paying an amount into an account that the PWD has actually asked for.

 

[Pete R]

. I knew I was doing my best for my aunt but it has since occurred to me that another person could have done all this prematurely and with their own interests in mind.

Technically they could but bear in mind that if they have an LPA then the Donor would have already selected that person as their Attorney and to act in their best interests. A Donor with capacity, such as your Aunt, could also still object to what you had done which would have caused a few problems at the bank.