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New power of attorney guide
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Hoping I can get some thoughts and advice here. I am a carer for my mother(dementia) and was granted deputyship via the CoP route earlier this year in Feb.
Prior to getting the deputyship, I have been looking after mum since she was diagnosed with dementia more than 10 years back.We live in the same property(parents house) and carers also come in daily as arranged by our LA. Mum pays for care and I manage the payments aspects. I am conscious that now as a deputy need to be on top of all expenses, logging them accurately and ensure I prepare accordingly when the Cop needs a report of all mum's expenses.
I am slightly apprehensive as I have setup mum's finances and mine in a way that I believe is fair but if the Cop don't see it that way then that could bring a whole heap of issues and headache. Bear in mind this is how the finances were arranged prior to getting deputyship.
This is the current setup, please be honest and let me know if this seems fair or needs to be adjusted.
Mum's expenses are monthly care fees, clothes if needed(rarely), certain food items specifically for her only, any parking expenses I incur when taking mum to medical appointments, legal fees(where applicable). For the main grocery shop, I take 30% of the total monthly cost and expense this to mum.
I pay all household bills. There is no mortgage and I've never paid rent as such(helped with mortgage many moons back) but I contribute to household maintenance e.g: last year I spent around £4k on the house and a few years back I spent around £8k putting a new kitchen in (have all the receipts).I have never claimed those costs and don't intend to as I live here too so it seems fair that I put my own money in. Does this setup seem fair but also would it be in line with the expectations of the CoP for reasonable expenses?
As an aside and this has no bearing on the above but for context, mum had depression previously and uncontrolled spending as a result. This meant I had to pay off a few of her debts as she was always and getting hit with late/non payment charges. It also involved constant battles with her bank who were only too happy to lend to someone with depression and a bad credit history finances and with shops to make them stop sending catalogues etc It also got to a point where she was being hounded by debt collection agencies and I had to step in there again as it was overwhelming for her. I took away her cards to resolve this though it didn't stop her completely. I have no idea how much I spent on her debts but I don't expect or want the money back.
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Has anyone any experience of using the new Office of the Public Guardian (OPG) system of supplying an "access code" to banks and the like allowing them to access a power of attorney directly on the OPG website instead of having to send a certified copy? In particular, has anyone tried with NS&I? They refuse to accept this system, i.e. one part of government refuses to accept a system put in place by another part of government.
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I wasn,t even aware that such a system existed but it seems to me a good way of making the system easier for attorneys and banks to use at a difficult time, especially when Covid is making it much harder for people to undertake visits to banks in person, or even getting certified copies made up and sent by mail.
Sad that the financial and other institutions like NS&I are acting as a law to themselves though by not all adhering to the same procedure if that's the case. Perhaps time for a few letters to MPs complaining that government departments and bodies need to get their act together?0 -
noclaf said:This is the current setup, please be honest and let me know if this seems fair or needs to be adjusted.
Mum's expenses are monthly care fees, clothes if needed(rarely), certain food items specifically for her only, any parking expenses I incur when taking mum to medical appointments, legal fees(where applicable). For the main grocery shop, I take 30% of the total monthly cost and expense this to mum.It sounds reasonable on the face of it but it's impossible for people down the pub to say whether it's a fair split. If your grocery bills were full of bottles of Chateau Lafite, 30% probably wouldn't be reasonable.Email the OPG, preferably with an itemised receipt from the grocery shop, and ask if they are happy with it. I wouldn't expect a response back any time soon, but it shows you are being transparent and gives them the opportunity to query it if it isn't a fair reflection of her costs.Arguably Mum should be paying the house maintenance costs as it's her property. Your caring for her for free cancels out not paying rent, but it's not expected for a carer living rent-free to pay to maintain someone else's house.However, that only applies if the kitchen was a like-for-like replacement due to wear and tear, not if it was an upgrade for your own benefit with an eye on inheriting the house later.As an aside and this has no bearing on the above but for context, mum had depression previously and uncontrolled spending as a result. This meant I had to pay off a few of her debts as she was always and getting hit with late/non payment charges. It also involved constant battles with her bank who were only too happy to lend to someone with depression and a bad credit history finances and with shops to make them stop sending catalogues etc It also got to a point where she was being hounded by debt collection agencies and I had to step in there again as it was overwhelming for her. I took away her cards to resolve this though it didn't stop her completely. I have no idea how much I spent on her debts but I don't expect or want the money back.Not sure what context it provides to be quite honest; you were right the first time, it has no bearing on the above. I would avoid even mentioning it because the mere mention of it creates a suspicion that you are using your previous generosity to your mother to justify charging her inflated expenses. There is no reason to think you are, but that just emphasises that there's no need to bring up your previous generosity.COP deputies cannot make gifts, and you can't retrospectively decide that the money you gave her was actually a loan, so the only way you are getting that money back is via inheritance.0 -
Malthusian - Thanks for the input, it seems broadly in line with my thinking but will check with OPG. I am keeping all itemised receipts in a folder and all of mum's bank statements so that everything is fully transparent.
The house needs a fair bit of work e.g: original single frame windows are in a bad state and don't help in the winter so with the insulation grants I may also check with the OPG if I could use mum's funds for towards new windows but maybe with me also adding my funds though not sure how that will work out as like you say it's not my property and might be a bit messy later if the house needs to be sold e.g: to fund nursing care for mum as the condition progresses.
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CJL said:Has anyone any experience of using the new Office of the Public Guardian (OPG) system of supplying an "access code" to banks and the like allowing them to access a power of attorney directly on the OPG website instead of having to send a certified copy? In particular, has anyone tried with NS&I? They refuse to accept this system, i.e. one part of government refuses to accept a system put in place by another part of government.
At present it is only for POA from 17 July 20200 -
Starting the process of setting up LPAs for parents in law. Father in law has wages and pensions so will have to pay the full fees. Mother in law only has a basic state pension less than the £12000 threshold so would she be eligible for the 50% reduction in fees? Or is it the whole household income that is taken into consideration?0
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noitsnotme said:Starting the process of setting up LPAs for parents in law. Father in law has wages and pensions so will have to pay the full fees. Mother in law only has a basic state pension less than the £12000 threshold so would she be eligible for the 50% reduction in fees? Or is it the whole household income that is taken into consideration?1
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pphillips said:noitsnotme said:Starting the process of setting up LPAs for parents in law. Father in law has wages and pensions so will have to pay the full fees. Mother in law only has a basic state pension less than the £12000 threshold so would she be eligible for the 50% reduction in fees? Or is it the whole household income that is taken into consideration?0
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noclaf said:Malthusian - Thanks for the input, it seems broadly in line with my thinking but will check with OPG. I am keeping all itemised receipts in a folder and all of mum's bank statements so that everything is fully transparent.
The house needs a fair bit of work e.g: original single frame windows are in a bad state and don't help in the winter so with the insulation grants I may also check with the OPG if I could use mum's funds for towards new windows but maybe with me also adding my funds though not sure how that will work out as like you say it's not my property and might be a bit messy later if the house needs to be sold e.g: to fund nursing care for mum as the condition progresses.Replacing the windows is unambiguously in her interest (maintaining her property and reducing her energy bills) so while it never hurts to double-check with the OPG, I would just go ahead.If you are adding your own funds and are not her sole heir, you could consider making her an interest-free loan repayable on death or when she moves permanently into long-term care. It would be sensible to get a solicitor to draw up a loan agreement. That may be a waste of time and money if you are her sole heir.1
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