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. Concerned40

    Concerned40 Registered User

    May 9, 2015
    1
    Hi

    I've been advised to apply to become a deputy for my mother, as we have not applied for Lasting Power of Attorney. However, I have always lived in the same house as my mother and I read on the guidance sheet that this could be an issue due to a supposed conflict of interest. So would this be a big problem and would it be better to appoint another relative who doesn't live in the house?
     
  2. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,439
    I think the conflict of interest issue would come up in the event you had a financial stake in the home AND you wanted to sell it: in that case you can apply to have someone appointed as a trustee just for that sale. But masses of people apply for deputyship for their spouses, and clearly they live in the same house.

    Can you copy the text that you read and post it here?
     
  3. Katrine

    Katrine Registered User

    Jan 20, 2011
    2,850
    England
    Hi, and welcome to TP. You haven't given much detail, and obviously a lot depends on your circumstances. Here are some thoughts.

    Firstly, who has advised you to become a deputy? It may not be necessary. If your mum has a low income and savings, and doesn't own the house, then you might only need to apply to become a DWP Appointee in order to manage her State pension, Attendance Allowance, and any other state benefits.

    If your mum has larger assets, then it is probably necessary to become an deputy if she is unable to grant Power of Attorney. That might still be possible. The donor has to understand in the moment what they are granting. They don't have to remember all the details afterwards. If you think she might still be able to grant LPA then check out the website of Solicitors for the Elderly to find a suitable solicitor who could act as professional certificate provider. You can do LPA yourself using the online form, but if there is doubt about your mum's capacity it's best to use a solicitor.

    With regard to you both living in the same house, what do you think might be the issues that could create a conflict of interest?

    Your mum needs to live somewhere, so she would pay for bed, board and utilities wherever she lives. You as Attorney or Deputy would need to work out what was a fair share for her to pay for household bills and upkeep of the property. Perhaps also a share of maintaining and running a car if she benefits from that.

    If the property is hers and you don't pay rent then this might need to change. It all depends on your specific circumstances and who has paid for things over the years.

    An issue that sometimes arises is where the parent might need to go into residential care but the son or daughter fears being made homeless, either because the home is rented or because it needs to be sold to pay for the parent's care. In that situation there is certainly a conflict of interest, but it isn't impossible to resolve it. It wouldn't matter who was the deputy, a decision would need to be made about how the parent's care was paid for. There could be a number of options.

    I have rattled on excessively, and may be barking up the wrong tree. :eek: I hope I have given you food for thought. :)
     

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