New member. Hope this is right forum.

Percybridge

I have power of attorney for my great aunt. I have registered the power of attorney.
She has severe dementia, and a host of other physical problems.
Her annual income from pensions, investments etc is around £85k.
I know she would prefer to stay in her own home rather than in a nursing home, so I employ nurses for her 24/7 to come in and attend to her.
I visit her about 3 - 4 times a week and sometimes stay overnight so she still has a bit of family company - I live about 25 miles away. However, the nurses are brilliant.
I think she would probably qualify for attendance allowance, but I do not claim for it as she does not really need the money.
Her three children live about 5, 8 and 10 miles away, but they do not have time to visit.
They are the benefiicaries of her will and are anxious that they inherit the right amount of money. I do not think I am beneficiary of her will. But I don't think that matters for the question.
My questions are
1. Do I have to claim attendance allowance for her, and would she find out that I did. I don't really want to upset her by doctors etc examining her and the DSS asking questions - she is very proud.
2. Her children think I am wasting her money getting nurses in. They appreciate that she is a lot happier, and recognise that she would hate it in a nursing home, but they think I should select the cheapest care option available. Do they have any say.
When she goes, do they have any comeback on me if they think I have "wasted" their mums money?
Hope this is all clear and I have put this on the right board
TIA

Fran

Hi Percybridge,

If you have a question about benefits of any kind there is the Benefits and Tax Credits board where you would expect people who know a bit about benefits to post.

Attendance Allowance is claimed by the person (your aunt) so you would be unable to put a claim in without her knowing. There is information about it on the Help the Aged website and the bhas website (also many others if you do a "google" search).

As her children are not even visiting her they really have no say at the moment especially as you have power of attorney in any case. On your great aunt's income she can afford a reasonable care level so I agree with you that she should have the best possible. She would have to pay to go into a home in any case.

You might be able to claim Carers Allowance if your circumstances match and if you care for her at least 35 hours per week.

The forms for Attendance Allowance are simpler than they used to be. If she claims it she can then let it contribute towards the care. However as you have power of attorney that would be your decision, she could possibly get a home visit from Citizens Advice if her local bureau does them or another welfare benefits adviser in her area. If she needs the care you describe I would think her application should be fairly straightforward.

Re the "comeback" from her children, you are the one with POA because you are the one interested and helping her and you are doing what she would wish. I don't see how paying for care could be construed as wasting her money.

JohnnieW

Percy bridge.
When you have been given power of attorney to manage someones financial affairs the court will expect you to act reasonably and responsibly.
What is reasonable depends on the person who has been given power of attorney.
I was a partner in a large private client department. I had power of attorney for a number of clients - and still do.
I am a solicitor, and have a good knowledge of benefits, IHT, etc.
Therefore the court would expect me to choose investments that were more sophisticated than perhaps someone who was an engineer, who was acting for their next door neighbour.
What I am trying to say is the court would expect a lot more from me than from him.
I do not know your background, so I do not know why your aunt gave you power of attorney, but the court would still expect you to claim AA for your aunt if she were entitled to it.
You sound as though you know already that she is entitled to it, so this is not in doubt.
So in effect there may be a comeback from the children if you do not claim.
Regardless of anyones opinion of them, the court would listen to their point of view on this isssue.
From the point of view of the nurses, it sounds as though you are ok on this.
It is not unreasonable to get private nurses if that is what your aunt has expressed a wish for and she can afford it.
You are expected to manage her affairs reasonably, and the children could make a claim against you on your aunts death if they believe you have not acted reasonably.
It is not really relevant whether you or anyone else disapproves of their behaviour - and it sounds as though you know that.
What you want to know is how to protect yourself from any claim.
If you have any questions the court of protection with whom you have registered the POA are extremely helpful.
Incidentally, you can make a claim for AA without her knowing if you have registere the POA.
You sign the forms on her behalf, and if she needs an examination - not always essential - you mention to whoever is doing this that she does not know you are making the claim.
You really need to do it for your own protection.
Regards
J

Biggles

As you have Power of Attorney, you will have to make the claim on your great aunt's behalf. The form provides specifically for this.

There's probably no reason why she has to know about it. There would not normally be an examination, especially in the circumstances you describe. However, I did find the help of her nurse invaluable when filling out the form, they've usually done this a few times already and know the right form of words.

In fact, as you have PoA, especially a registered one, I would certainly agree with Johnnie and argue that you are under an obligation to maximise her income and to claim anything she is rightfully entitled to. You could otherwise be accused of failing in your duty.

I wouldn't delay. I believed AA can be backdated a few weeks, but can't find anything to back that up, though the form does ask you how long she has been in that condition.

It does, as Fran says, also sound as though you could well qualify for Carer's Allowance.

Fran

JohnnieW wrote: »

Incidentally, you can make a claim for AA without her knowing if you have registere the POA.
You sign the forms on her behalf, and if she needs an examination - not always essential - you mention to whoever is doing this that she does not know you are making the claim.
You really need to do it for your own protection.
Regards
J

I didn't realise someone could make a claim and examine someone without their knowledge! Thanks for all the info.

JohnnieW

Sorry did it sound like I meant someone could be examined without their knowlege. I did not mean that! It would be difficult!
No, you can claim without their knowledge, and if a doctor comes to examine them, you can mention it to the doctor.
Your difficulty is if the person would not see a doctor.
However, in situations as bad as that, it is rarely necessary for an examination, and even if the doctor came, it would be fairly obvious what the person was like.
But yes, definitely, you can apply without their knowledge.
Infact under the special rules if a person has less than 6 months to live, you can get the highest rate of AA.
You may not want the person to know they had less than 6 months to live, so it would always be possible in those circumstances.
I should also mention that Percy should apply for continuing care funding as well as AA.
If aunt is as bad as that, it is highly probable that there would be an entitlement.
You can claim against a persons estate for backdated continuing care funding, but it is much much eaier when they are alive.
There is another potential claim here from children.
Continuing care funding is more complicated however, so the court may take a bit more lenient view of not claiming.
But I ALWAYS claim.

JohnnieW

What I also do, is get one of the paid nurses to claim the carers allowance, and then "top up" her earnings so that she is below the earnings threshold for carers allowance.
Every little helps!

missile

1.You do not have to claim attendance allowance, but as you have power of attorney you certainly can. I would suggest you make an appointment with her Doctor.
2.Your great aunt trusted you with POA for a reason. You can spend her money in whatever way you see fit. Her children have no right to complain.

A friend of mine's mother lived some distance from her and like you, it was her practice to visit once a week and stay over. One day out of the blue her mum said, "I think it is time I went into a home". My friend was not at all sure, but mum settled into a private care home close to my friend and she can visit every day, both are very happy.

Biggles

I think the words of guidance on the Public Guardian' website would be worth repeating:-

• You must act in the best interests of the Donor and consider their needs and wishes as far as possible.
• You must not take advantage of the Donor's position to gain any benefit for yourself.
• You must keep the Donor's money and property separate from your own and other peoples.

It will also be sensible to read and follow the Code of Practice which supports the Mental Capacity Act.
You do have very limited powers to make gifts to yourself or others. Remember, you are managing someone else's money and you have legal duties which you must respect.

So you have to act in her best interests and consider her needs (which would mean maximising her income) but also consider her wishes (if you really feel she would be upset by your claiming AA, you might not wish to do it). My mother was always proud, too, but also she liked to think she'd 'got one over' on the powers that be by extracting money from them! But, if the children are (xxmoney-grubbingxx) I mean financially motivated, questions may be asked of you at a later date if you fail to make the most of her entitlements.

Download the form and have a look at it. I honestly don't think any input from her GP is required at this stage (though you could always have a quiet word if he was visiting) but take the advice of the nursing staff - you certainly seem to have plenty of them!

Savvy_Sue

Reading what Biggles has said, I don't think her children SHOULD have any claim, you've acted in your great aunt's best interests, and theirs are not relevant!

sloughflint

JohnnieW wrote: »

So in effect there may be a comeback from the children if you do not claim.

You really need to do it for your own protection.

Isn't this just so depressing?