LPA Query

AsifM068

Hi 
I have LPAs for both my mother's finances and welfare.

The Local Authority (LA)  has advised us that we would need to switch to Direct Payments for her to continue to receive care from her current home care provider which we are very happy with, as the LA intends to switch her care provider to more local services.

I have asked the LA to manage the Direct Payment and to administer payments to the he home care provider on our behalf, as my mother is without mental capacity; however as I have the LPA for her finances, can the LA insist that I administer the Direct Payment?

I am reluctant to do so, as I have my own mental health issues that I am being medicated for and I am oftentimes overwhelmed when I take on too much on my mother's behalf as coming from a very small family, support is very limited.

Many thanks

Keep_pedalling

As the LA don’t have deputyship I don’t think they will be able to do this. Is this not just a matter of setting up a direct debit with the care company? 

jlfrs01

AsifM068 said:

Hi 
I have LPAs for both my mother's finances and welfare.

The Local Authority (LA)  has advised us that we would need to switch to Direct Payments for her to continue to receive care from her current home care provider which we are very happy with, as the LA intends to switch her care provider to more local services.

I have asked the LA to manage the Direct Payment and to administer payments to the he home care provider on our behalf, as my mother is without mental capacity; however as I have the LPA for her finances, can the LA insist that I administer the Direct Payment?

I am reluctant to do so, as I have my own mental health issues that I am being medicated for and I am oftentimes overwhelmed when I take on too much on my mother's behalf as coming from a very small family, support is very limited.

Many thanks

I think the Local Authority are requesting you pay the Home directly as it will be a private arrangement between you and them. I doubt if they will act as middlemen between your mother and the Home so as KP said, it's a matter of setting up a DD with the Homecare provider from your mother's bank account. Once you agree the DD mandate that's it, no further action necessary.

AsifM068

I think it just means that the home care provider sends me the invoice to pay - not sure really but thank you for your guidance.

AsifM068

However the LA do offer a 'managed account' which means that they could administer payments on our behalf which is our preference for mum has no MH capacity to do so.

AsifM068

I refer from the LA's published guidance notes re Direct Payments.

How to manage your payments

'There are two ways your payments can be
managed. We offer a direct payment account which
you can choose to manage yourself. This is called a
self-managed account.

If you can’t manage your own account, and you do
not have someone who manages your finances for
you, we can support you by administering payments
on your behalf. This is called a managed account.'

elsien

The obvious bit being that it says the managed account is for people who don’t have someone to manage their finances for them. 

Whereas your mother does because of the power-of-attorney. So you don’t seem to fit the criteria. 

jlfrs01

AsifM068 said:

I refer from the LA's published guidance notes re Direct Payments.

How to manage your payments

'There are two ways your payments can be
managed. We offer a direct payment account which
you can choose to manage yourself. This is called a
self-managed account.

If you can’t manage your own account, and you do
not have someone who manages your finances for
you, we can support you by administering payments
on your behalf. This is called a managed account.'

Whether you opt for the managed account with the LA (if you are eligible), or pay the Care Home directly, surely the process is the same? You'll still need to exercise your LPA status in order to set up a DD or Standing Order with your mother's bank whether going to the LA or the Care Home directly. Speaking from personal experience, given the choice I'd go direct and cut out the LA as the middleman, less hassle if something goes wrong.

AsifM068

Thank you all for your help.