1. Q&A: "Loneliness and isolation" - Tuesday 30 Oct, 2-3pm

    Are you experiencing loneliness and isolation? Do you care for someone with dementia or have dementia yourself? We are here to answer your questions on this emotive topic. Our next expert Q&A will be hosted by Anne from our Helpline team. She will be answering your questions on Tuesday 30 October from 2-3pm. Want to ask questions in advance, or don’t think you can make it? You can either post questions here or email them to us at talkingpoint@alzheimers.org.uk and we'll answer as many as we can on Tuesday 30th of October from 2-3 pm.

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POA Access To Funds

Discussion in 'Legal and financial issues' started by harry100, May 3, 2018.

  1. harry100

    harry100 New member

    Apr 5, 2018
    6
    My husband and two sisters have POA Financial and Welfare (can act individually or jointly) for my FIL diagnosed with Alzheimers 2 years ago and who for the past 8 weeks has been living quite happily with us and has said he doesn't want to go into care home. One sister took it upon herself to register with the banks, dwp etc and has for the past two years dealt with his financial matters and my husband has left her to it basically. Now both sisters want to move him into a care home with his partner who has vascular dementia she is on delayed discharge pending funding and suitable care home hence the reason he has been living with us. I assume they could each access the funds if they so wished? Do they each have to get withdrawers rights from the OPG or do they just take the POA to the bank. Reason I ask is sister as allocated us £150/month for out of pocket expenses which we do not think is enough.
     
  2. Shedrech

    Shedrech Volunteer Moderator

    Dec 15, 2012
    6,447
    Yorkshire
    hello @harry100
    each Attorney has the right to register with the bank - though I guess if each one did so and started to access the accounts, managing the finances may become a bit chaotic
    might your husband work out a fair share of household expenses (there's no reason for you both to be out of pocket because your f-I-l is living with you) and reasonable personal expenses (anything that is bought for your f-I-l's individual use) and show that to his sister to evidence that £150 a month isn't sufficient
    personally I'd think carefully about moving the 2 together (especially if this may include sharing a room) but that's something for your f-I-l to consider also
     
  3. julianps

    julianps New member

    May 29, 2018
    6
    Could you ask your local social services department to undertake a statutory care needs assessment on your FiL; if it is their view that he can live independently with your family's support then that should count for something in the overall discussion?

    Furthermore you might like to speak to OPG (0300 456 0300 Option #7) because the idea of a blanket "allowance" to your husband looks, on the face of it, to be a loan and unless you can show it covers specific invoices, or can show specific costs in excess of £150 and that the £150 operates as a cap on spending, you could (if things get heated between the siblings) have to repay it all.

    On the other hand, if your FiL has sufficient capacity the £150 could be considered an allowance to him. That he chooses to give it to your husband to offset your family's costs could rebut the presumption of a gift, but I'd urge caution because gifts are covered by the Act, not the desires of the PWD.

    Is there anything to stop your husband applying for Attendance Allowance which, at the lower rate, is about £220 every four weeks, instead?
     
  4. Jessbow

    Jessbow Registered User

    You husband as POA has as many rights as they do.

    Is there a reason why you dont want F in L to be with his partner?

    Where would he have been living if it were not with you? Does he have a home of his own?
     

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