firtst of all thanks to all who replied to my other post, but we now have another problem. The lawyer my mother is using to do the POA is giving her weird advice and she and I had a huge argument last night. I work at an older peoples day centre and have intense training with all aspects of care including a course of POA given by Alzheimers Scotland. what has happened is the lawyer has said that he will make up a POA and he will and to it that the council can not touch £1000 per year of her estate if she goes into a home because thats what she spends on family gifts, this shes says means the council won't take all her money if she goes into a home. I've tried to tell her thats not how it works, that the council will expect her to sell her house and the money used for her care only when she gets down to £16,000 will the council get involved. They don't work out future spending and then take it off the balance. She says "I think I know everything but I don't" and there are differrent types of POA. Help !!!
Poa
- Thread starter kjaneh
- Start date
You're both in Scotland? Because it's not the same as it is in England, so I would ask posters to bear that in mind when they respond.
I can just about (maybe) see what might have happened. It is possible to write a POA in such a way to give guidance to the attorney what money should be spent on. If your mother wants to specify that £1000 a year should be spent on gifts (is this about what she would have spent normally?) she could make such a provision. However if she didn't have the money then obviously that £1000 couldn't be spent. And of course, as you recognise, the fact that she says that should be paid out doesn't force the LA to put that amount aside - once it comes to paying for care the rules are the rules and there is little that anyone could do, unless the money has already been placed in a trust to which she does not have access.
I suppose what I'm saying is - is it possible she's got the wrong end of the stick?
I can just about (maybe) see what might have happened. It is possible to write a POA in such a way to give guidance to the attorney what money should be spent on. If your mother wants to specify that £1000 a year should be spent on gifts (is this about what she would have spent normally?) she could make such a provision. However if she didn't have the money then obviously that £1000 couldn't be spent. And of course, as you recognise, the fact that she says that should be paid out doesn't force the LA to put that amount aside - once it comes to paying for care the rules are the rules and there is little that anyone could do, unless the money has already been placed in a trust to which she does not have access.
I suppose what I'm saying is - is it possible she's got the wrong end of the stick?
And just to add: I don't know if the £16K figure is correct - it wouldn't be in England and Wales.
Sorry I'm just full of additions today. Having looked at the sample POA forms on the Office of the Public Guardian Scotland website, (http://www.publicguardian-scotland.gov.uk/docs/poa/CPA(1).doc) they do give as an option
18 To make gifts on behalf of me, including any limits on the size of such gifts or the potential recipients.
I suspect that what has happened is your mother has misunderstand the point of this clause which is to limit how much money an attorney might spend on gifts rather than to keep money away from the LA.
18 To make gifts on behalf of me, including any limits on the size of such gifts or the potential recipients.
I suspect that what has happened is your mother has misunderstand the point of this clause which is to limit how much money an attorney might spend on gifts rather than to keep money away from the LA.
Yes Jennifer we are both in Scotlandand yes i think shes got the wrong end of the stick. Can I just add my husbands family have just had to move their father to a nursing home and this is how it works here. He has a house valued at £115,000, now sold, and no savings left, the council is paying the the personal care we get in Scotland and we have to make up the rest with his own money. thru out the year my sister-in-law can use his money to buy gifts for family on his behalf, allowed even without a POA, but the council are not involved until he reaches the level of £16,000 and then they will start paying for the care, but they would want to see bank statements and recipets to make we didn't waste the money. I am now saying I'm not sign the POA, bacause I think we might get into trouble. Sorry if its a bit long winded.
I think we may have posted at the same time.
Look my understanding of the clause is that it simply sets out a maximum that can be spent on gifts. If that is the case then there is no reason for her not to sign - the attorney cannot be forced to spend something that 1) isn't there or 2) break appropriate rules about deprivation of assets with regard to the LA. Just not possible. So you won't get into trouble.
Look my understanding of the clause is that it simply sets out a maximum that can be spent on gifts. If that is the case then there is no reason for her not to sign - the attorney cannot be forced to spend something that 1) isn't there or 2) break appropriate rules about deprivation of assets with regard to the LA. Just not possible. So you won't get into trouble.
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