Power of Attorney and Attendance Allowance

[Annie55]

My husband was PoA until he resigned this week.

My husbands siblings disagreed with my mil having AA because they felt that was too well off and there are too many scrounges out there.

My husband and I felt she had her own rights so we explained to her on several occasions what it was and how, if she was awarded it she could use it. Each time she said yes she would like to apply.

Alzheimer's Scotland gave us advice on how to fill in the form and to fill it in as if there were no careers and worst case scenario. My husband did his best to fill,it in but some questions are really tricky.

My real question is, although my husband had poavatvthe time he was filling in the form as a caring son but he did sign it saying he was poa. Was this the right thingbto do? Can you be a son and act as a son rather than abating as poa?

Hope you understand!

 

[Selinacroft]

Hi Annie
What an unfortunate thing to cause a dispute- familie who would have them
In answer to your question yes I think your husband acted perfectly correctly in your mum's best interests as a POA should do.
I am wondering if you can find a way forward to appease the relatives at the same time- perhaps make a voluntary donation towards a charity-perhaps this one Alzheimers Association if mum is very comfortably off and not really in need of it. Do remember though that shoud she ever need more care or a nusring home in the future funds will quickly get swallowed up.
not sure if it is appropriate to do donation from mum as POA unless she has capacity but perhaps you could all agree to make a donation from the estate at some future time and put the Attendance Allowance to good use for those less fortunate?

 

[Delphie]

Your husband acted correctly as a son and as a PoA. It is clearly in someone's best interests to receive the benefits they're entitled to. In fact a PoA or Deputy has a duty to make sure that this happens.

The siblings are in the wrong. The AA is not means tested and how they personally feel about people receiving benefits makes no difference.

Perhaps mention to them that if they were acting as PoAs for their mother they would be expected within the rules set up by those overlooking these things (Court of Protection and the OPG) to make that application on her behalf. Not doing so because they feel she shouldn't have it would cut absolutely no ice if they were investigated.

 

[Delphie]

P.S. I'm a deputy for my mum so submit annual reports to the OPG and one of the questions on the forms deals with exactly this. It's something like 'when did you last check that the person was receiving all the benefits they're entitled to' and there's a date box to fill.

My mum is very well off but that doesn't mean I can write in 'no need, thanks, she's loaded enough already'.

 

[Katrine]

My brother was disapproving of me claiming all the benefits and exemptions my mother is entitled to because he disapproves of state funding. That's fine in principle but it would have left her vulnerable and I felt it was my duty to protect her. As it turns out, I was right since she has outlived her savings pot.

My mum used to be well off but 9 years of live-in care has used up all her savings. Without AA, and Direct Payments from the LA, she would by now be in a NH because she could not afford anything else. Benefits have effectively bought her 3 more years of living at home. We hope that this will allow her to see out her days there. I do not feel guilty about this funding.

3 years ago she got a full government grant to replace her oil fired boiler. I felt guilty about that but I was assured that nobody else was losing out by her taking the money, which was an energy improvement scheme for the Scottish Highlands. In fact, they were having trouble spending it. Most of the eligible pensioners were so suspicious about it being free that they refused the offer.

Money doesn't solve our problems but it can help, so if it's offered it would be wrong to refuse. Who knows what will happen next? Better to be better prepared I would say.

 

[Annie55]

Thank you all so much for replies. It really helps having people to talk to who understand and are going through similar situations.

 

[LadyA]

And Annie, to be frank about it, I do think your husband needs, for his mother's sake, to get his poa re-instated.

Sent from my Moto G Play using Talking Point mobile app

 

[Kevinl]

To stop being an attorney the attorney has to fill in the form on the link below.
Technically it's called "disclaiming" the PoA unless this has been done he still is an attorney. Once disclaimed I'm not ware of a way (might be wrong but if there is I can't find it) that it can be re-instated other than by making a new PoA.
K

https://www.gov.uk/government/publications/disclaim-a-lasting-power-of-attorney

 

[nitram]

" I do think your husband needs, for his mother's sake, to get his poa re-instated."

I understand the OP is in Scotland.
Unlike England, where a deed of revocation is required to revoke a POA, a free format letter is required.

RESIGNING
6.5 After the continuing or welfare power of attorney has been registered, you
may resign if you wish or need to do so, but must follow the requirements
below.

6.6 You must write to the granter, the Public Guardian, any guardian, or where
there is no guardian, the adult’s primary carer, and the local authority, where
they are supervising the welfare attorney, giving notice that you intend to
resign. Your resignation will not take effect for 28 days after the Public
Guardian receives the notification. This is designed to ensure that there are
no gaps in the arrangements for taking care of the interests of the adult.
Where the resignation is of a welfare attorney the Public Guardian will notify
the local authority and the Mental Welfare Commission of your resignation.

6.7 If you are a joint attorney, the notice of your resignation should be
accompanied by evidence that the remaining joint attorney is willing to
continue to act. If a substitute attorney has been appointed by the granter,
evidence that that person is willing to act should accompany the notice.

6.8 If you can, you should include a signed letter from the substitute attorney
when you send in your notice of resignation. This will mean that your
resignation will be effective from date of receipt. You will not have to
wait 28 days. If that is not possible, but you are in contact with the
substitute attorney you should ask the substitute to write to the
people concerned as listed above. If no indication is received the
Public Guardian will need to ascertain if the substitute attorney is
willing to act

http://www.gov.scot/Resource/Doc/347702/0115819.pdf

Even if all the requirements have been satisfied it [highlight]may[/highlight] be possible for the attorney to change their mind within the 28 days before the power is formally cancelled. After that time I think it would become harder if not impossible.

I agree with the sentiment of the quote at the start of this post, your OH may come to regret what might have been a hasty decision, reversing this would allow a fully informed and considered decision at a later date.

 

[LadyA]

I hope it isn't too late.

Sent from my Moto G Play using Talking Point mobile app