I'm interested in this issue Tubbsy
as it's caused a major rift in my family
I read the instructions to Attorneys that everything must be done in the best interests of the donor and that the Attorney and any of the Attorney's family members are not to benefit from being an Attorney as meaning that loans etc are not acceptable, neither are large gifts
to be honest, I don't think my dad's money should be used for anyone but him
he too has a pretty substantial amount - his pension covers his care home fees at present (though with a 10% increase per year that will not always be the case) so his savings will pretty much sit there until he dies - I don't feel as Attorney I should have any access to his money before he dies whatever he may or may not have said and done in the past
I have a co Attorney who says 'dad would have wanted to ...' and 'that's what family does' - but I disagree - so where does that leave us? - it's no longer possible to know what dad's wishes might be, so to me nothing should be done as that's the conservative approach - we're both adults and responsible each for our own finances
I checked with the OPG that if someone lives in dad's house now he is no longer there (trying to sell it currently) they should pay the bills, not dad - co Attorney said dad would want a family member living there and, as the person would be 'caretaking' in case of vandalism, dad should pay (and the person wasn't being asked to contribute while they lived at home, so why should they if they were staying in dad's house)
and also checked when it was suggested that the person and partner rent the house until dad dies but at a low rent (the same as being paid for a flat by the partner) which would give dad 'a bit of an income' and more interest than from savings (though they wanted to put in a new kitchen and have a builder in to sort out some damp issues) - the OPG said any rent would have to be a fair market rent and as family were involved there was a conflict of interest and permission would have to be gained for the COP
so I'm a bit surprised that the OPG have said on the phone that taking the amounts you are asking about would be acceptable (eg 2% of £200,000 would be £4000 in total - which to me is a large amount if not a large percentage)
I don't think anyone is 'getting at' you personally, it's just that the roles of Attorney and Deputy seem to have such tight controls on them, alongside the issue of deprivation of assets, that many think there is very little leeway with how a donor's finances can be dealt with - so much so that some Attorneys/carers go the other way and pay far too much from their own pockets or are afraid to take reasonable expenses
I also read some of the cases on the OPG website and Attorneys have been removed for infringements involving what might seem to be quite small sums - yet also read on TP of what are considered/appear as abuses of the POAs involving large sums, which are not taken up by police or the COP
so, as I said at first, I'll be interested in the outcome of your 2 enquiries to gauge what is/is not acceptable to the OPG - bearing in mind each case is individual
so I hope you'll let us know