Deputy for finances - who pays?

elsien

Elderly relative has lost financial capacity and has no power of attorney.
Her children are low paid or living on benefits. If they apply to be the deputy would they have pay the fee or could it legally come from relative's money? They are aware they need to act in her best interests but will struggle to fund it themselves, and are trying to pay the bills for the house etc while longer term decisions are made - none of them live in the property themselves.

Savvy_Sue

Take a look at this and follow the links: I can't see how it wouldn't come out of the relative's money in the end, but unless they can get an exemption they may need to find it up front.

weeowens

elsien wrote: »

Elderly relative has lost financial capacity and has no power of attorney.
Her children are low paid or living on benefits. If they apply to be the deputy would they have pay the fee or could it legally come from relative's money? They are aware they need to act in her best interests but will struggle to fund it themselves, and are trying to pay the bills for the house etc while longer term decisions are made - none of them live in the property themselves.

If you do mean financial & not mental capacity I would say to just do a LPA application. If there is a lack of cash the cost is reduced/exempted. It is a straightforward online task & no need for a solicitor.
I did one for my Mum last year so any questions just drop me a pm.
NB: it does take about twelve weeks to sort it & it must be registered to be valid.
HTH




https://www.gov.uk/government/collections/lasting-power-of-attorney-forms




https://www.gov.uk/government/publications/power-of-attorney-fees

elsien

Lost mental capacity generally, so too late for an LPA I think.
Thanks for the links, I'll pass them on.

weeowens

No worries, elsien

I was not not sure what you meant so thought that I would mention the LPA route. Good luck either way.