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Gratuitous / family care payments

Katykartweel

New member
May 5, 2020
8
My partner’s mother came to live with us eight weeks ago; he gave up his job to care for her. She does not have capacity. He was in the motor industry before and has never done care work, but he’s learning very quickly and is so very good with her. He has LPA with his two brothers. We‘d like to apply to the Court of Protection for gratuitous care payments, as we were led to believe the local authority would assist financially when we decided to offer her our home. But this is not the case. Now we are struggling financially, but clearly cannot take any money from his mother, other than costs/expenses incurred from her condition. I understand we cannot even charge her rent under the LPA, as this would constitute personal financial gain.

I’ve read the OPG’s Practice Note
And understand forms need to be submitted to the Court of Protection (CoP1, CoP1e and CoP24). How does one fill these out competently?

We are very keen to hear from others’ experiences. I‘ve contacted a number of solicitors who want £600.00 just to read information from me. I’ve also contacted Pathways Through Dementia (message left) and Age UK’s specialist team is due to phone me tomorrow.
We are aware of Carer’s Allowance, Carer’s assessment, etc.
Any sharing of experiences is gratefully received.
 

Shedrech

Volunteer Moderator
Dec 15, 2012
9,163
Yorkshire
hello @Katykartweel
I think there have been many more questions on DTP about this than answers from anyone who has arranged such payments

just to say, as Attorney and carer you aren't expected to be out of pocket having your mother in law with you ... certainly she should pay a fair share of all shared bills and pay for anything for her benefit only ... I also believe you can accept rent from her in line with what a lodger might pay
 

Izzy

Volunteer Moderator
Aug 31, 2003
62,296
69
Dundee
Hi @Katykartweel and welcome to the forum.

It might be useful to have a chat with one of the advisers at the Dementia Connect support line -

 

Katykartweel

New member
May 5, 2020
8
Hi Katy, recently found myself in similar situation regarding GCPs did you get any further info? :)
Well, I found out that hiring a solicitor to represent us is grossly over priced, so we won’t be doing that. And I’ve learnt that we need to complete CoP form 24 with as much evidence as possible about my partner’s mother’s incapacity (to prove it, beyond doubt). And we will be taking our time writing CoP24 with lots of checking. I’ve bookmarked a load of websites to refer to with other snippets of advice too, for example about aspects of safeguarding against various types of abuse and neglect and how my partner contributes towards this.
Beyond that, it’s just CoP guidance we will follow. Not yet started the form because we want Adult Social Care to complete a Care Plan review first, so this can be evidence of incapacity.
Have you any thoughts? Have you done an application yourself yet? Or are you thinking about it?