1. Expert Q&A: Benefits - Weds 23 October, 3-4pm

    Our next expert Q&A will be on the topic of benefits. It will be hosted by Lauren from our Knowledge Services team. She'll be answering your questions on Wednesday 23 October between 3-4pm.

    You can either post your question >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll be happy to ask them on your behalf.

  1. algelgie

    algelgie Registered User

    Jun 25, 2015
    1
    Hi everyone. My father has Alzheimer's and I'm on a steep leaning curve both legally and health wise. I've been living and working abroad with very little contact with my him, as we hadn't got on for years. Now that we have built bridges, I'm in catch up mode.

    Due to my past absence the POA is with his solicitor. It can not be transferred to me now (his only child), as the solicitor thinks he is unable to make an informed decision and I unfortunately agree. That said, what information am I allowed to ask of the solicitor. Fees, extent of the POA etc. Also my father says he wants to buy me a car. After a short talk with his solicitor, this can be given as a gift but will cost £400 and 6 months to go through the courts. Is that normal? Any advice on any of these matters, would be gratefully received.
     
  2. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    Yes, it is, and unless your father has sufficient assets to allow him to pay for care for the rest of his life with, quite probably, a healthy margin left over the application will not be successful. What the solicitor will have to do is make an application to the court (that would be £400 fee) to allow him to to make this gift as the attorney on behalf of your father. You can also expect there to be fees to the solicitor to do this, although these should be charged to your father.

    Do you know if there is a health and welfare LPA in effect? Is the finances one an LPA or an EPA? (if it was made before 2007 it will be an EPA).

    I don't see that you have any right to be informed about your father's assets, care costs, fees or anything else. The solicitor may be willing to talk in general terms but he doesn't have to, and he probably cannot be specific since he has a duty of confidentiality to your father.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    19,035
    Male
    North Manchester
    The solicitor has either EPA (Enduring Power of Attorney) or LPA (Lasting Power of Attorney), in either case (s)he would have to apply to the COP (Court of Protection) for permission to buy the car, hence the £400 fee. The result of the application could depend on your fathers assets and the value of the car.

    Note that although the COP may allow the purchase the LA (Local Authority) may well regard it as deliberate deprivation of assets in any future financial assessments.
     
  4. LYN T

    LYN T Registered User

    Aug 30, 2012
    6,968
    Brixham Devon
    Would it feel morally right for you to accept the gift of a car from your Dad? You say he has little understanding of making decisions-so how do you know that he has the capacity to make this purchase? If I was you, I would steer clear of any financial help from your Dad in these circumstances

    Just my opinion
     

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