I was determined to never again get into a thread involving money and Power of Attorney, but here I am…
I feel that the legalities over POAs should be reviewed as part of the entire review of dementia care (or Neuro cognitive disorders as I’m told they should now be known,). My understanding is that Enduring Powers of Attorney were replaced by Lasting Powers of Attorney (for separate issues) in 2007 because of cases of abuse of powers under the former system. Understandable, but as usual with legalities, it became a sledgehammer to crack a nut. What no one seemed to grasp was that most people who have a POA are also full time carers and that financially fleecing their PWD is not going to be their primary motivation in life. Most EPAs and LPAs (I have both for my aunt and my late mother) are worded to suggest that if a professional person such as a solicitor is acting as the attorney, it would be be perfectly reasonable to charge whatever fees aredeemed appropriate for doing anything at all connected to the affairs of the PWD. Yet, if it’s a family member or close friend everything that is done has to be from the goodness of the heart and at the personal expense of that person, no matter how unfair it is. Anything else is deemed as ‘profiting from the PWD’. This apparently doesn’t apply to lawyers or solicitors who are only ‘charging for their time’, something a relative is not allowed to do.
@Bettusboo , you need to look closely at the wording of your LPA. It may well say that you are allowed to claim reasonable costs in administering your Pwds affairs. Of course, no one defines ’reasonable’ in law, apparently.
Carers Allowance is simply not enough to live on, so to suggest that you, as POA, plus chief cook, bottle washer and potential bottom wiper should do so, may be legally correct, but is completely ludicrous. If every POA in this country abided by these very stringent rules, our vulnerable (mostly) old people with dementia would not be looked after because no one could afford or be willing to do it. That is the bottom line.
My advice? Do what you feel is in the best interests of your family and your PWD. If you and your dad can muddle along to your mutual satisfaction, then just do it. I realise that I may invoke the disapproval of other forum members, but it’s just my opinion. You have to manage as best you can. Good luck, whatever you decide to do.
I feel that the legalities over POAs should be reviewed as part of the entire review of dementia care (or Neuro cognitive disorders as I’m told they should now be known,). My understanding is that Enduring Powers of Attorney were replaced by Lasting Powers of Attorney (for separate issues) in 2007 because of cases of abuse of powers under the former system. Understandable, but as usual with legalities, it became a sledgehammer to crack a nut. What no one seemed to grasp was that most people who have a POA are also full time carers and that financially fleecing their PWD is not going to be their primary motivation in life. Most EPAs and LPAs (I have both for my aunt and my late mother) are worded to suggest that if a professional person such as a solicitor is acting as the attorney, it would be be perfectly reasonable to charge whatever fees aredeemed appropriate for doing anything at all connected to the affairs of the PWD. Yet, if it’s a family member or close friend everything that is done has to be from the goodness of the heart and at the personal expense of that person, no matter how unfair it is. Anything else is deemed as ‘profiting from the PWD’. This apparently doesn’t apply to lawyers or solicitors who are only ‘charging for their time’, something a relative is not allowed to do.
@Bettusboo , you need to look closely at the wording of your LPA. It may well say that you are allowed to claim reasonable costs in administering your Pwds affairs. Of course, no one defines ’reasonable’ in law, apparently.
Carers Allowance is simply not enough to live on, so to suggest that you, as POA, plus chief cook, bottle washer and potential bottom wiper should do so, may be legally correct, but is completely ludicrous. If every POA in this country abided by these very stringent rules, our vulnerable (mostly) old people with dementia would not be looked after because no one could afford or be willing to do it. That is the bottom line.
My advice? Do what you feel is in the best interests of your family and your PWD. If you and your dad can muddle along to your mutual satisfaction, then just do it. I realise that I may invoke the disapproval of other forum members, but it’s just my opinion. You have to manage as best you can. Good luck, whatever you decide to do.