Hello, I’m hoping someone here has experience of a similar situation and can offer some guidance.
I am the full-time live-in carer for a family member with dementia. I also hold LPA for property and finance and health and welfare. I have been providing 24/7 care for some time, managing all aspects of their care, household, finances and administration.
During this period the person I care for transferred their Attendance Allowance to me monthly, and made other payments to reimburse household expenses. I was advised by a professional support service that this was standard practice and followed that guidance in good faith. I have since learned that as an LPA attorney I should have sought Court of Protection approval for family care payments, which I was not aware of. Not one professional I engaged with ever mentioned this requirement.
I now need to make a Court of Protection application seeking:
∙ Retrospective approval for family care payments already made
∙ Permission to continue receiving family care payments going forward
∙ Permission to live in the property rent free with no contribution to household bills in my role as full-time live-in carer
I would be grateful for any advice on:
∙ What exactly counts as family care payments — does it cover personal care only or also household tasks, cleaning, gardening, administration and financial management?
∙ Whether the court is sympathetic in genuine family carer situations
∙ Whether it is possible to do this without a solicitor or with limited funds
∙ How long the process typically takes
Thank you in advance.
@KellyCarer welcome to the forum, I hope that you are having a good day. I suggest you ring the carersuk website advice line. There phone number is on the website. This is all legal stuff that they will be used to dealing with and will know all the laws and what to do and will be able to answer all your questions, I think that would be best. You are still welcome to come on here and ask questions and also chat
@KelleyCarer I hope someone else has experience of this and can answer your question. You are absolutely free to ask questions and it isn’t a question of “come on here and chat”. I do agree that the helpline would be a good idea too.
@Greta sorry I did mean that she could come on here and ask questions and also chat. I just meant that it may be best to ask the advice line as she said that she had already ask some professional people and they told her the wrong information.I thought if I wrote other people would see my message and come but no one as.
I have read an article written by a solicitor, Scott Bailey in Lymington I think, that says you can do what you have been doing, and may even be able to claim more, your only mistake is not telling the CoP.
@Teddybear thank you for your welcome and advice. I will phone the advice line on Tuesday.
Thank you for the solicitor reference which is really helpful. My family is very toxic and nothing is ever discussed. My co-attorney reported me to the OPG without any communication or concerns. Absolute nightmare when I am the only one caring for my mum and now having to defend myself.
Thanks @Greta hopefully the advice line will be able to help.
@KellyCarer i had another idea Age uk website they have all information on LPA which I am looking into for future.The website might have court of protection information to. Write your questions in there search bar see what they bring up on there website .the information may be on there website to. And then you can also ring carersuk line on Tuesday. And you’re welcome. Come back and ask questions anytime u take care.
Thank you, will have a look at AgeUK 