Lpa - More Questions

[Redhelen72]

Now that we have activated the LPA can we use it to get a day help in for my MIL.

She receives money from DWP each week and whilst that won't pay for it all it will pay a chunk and the rest would come out of her account.

would this be allowed? I know MIL says she can't afford it but she can.

[Countrylover]

Not without her permission Red, unless she has confirmed lack of mental ability. 

 

[THECORBYLOON]

"Property and financial affairs attorneys

As a property and financial affairs attorney, you make (or help the donor make) decisions about things like:

money, tax and bills

bank and building society accounts

property and investments

pensions and benefits

You can start making decisions while the donor still has mental capacity if both:

the lasting power of attorney (LPA) says you can

the donor gives you permission

Otherwise, you can only start making decisions when they do not have mental capacity.

You can use the donor’s money to look after their home and buy anything they need day to day (for example, food).

Discuss decisions that affect the donor’s living arrangements, medical care or daily routine with their health and welfare attorney, if they have one."

 

"Health and welfare attorneys

As a health and welfare attorney, you make (or help the donor make) decisions about things like:

daily routine, for example washing, dressing and eating

medical care

where the donor lives

You can only make decisions when the donor does not have mental capacity to make them.

You must tell people involved in the donor’s care when you start making decisions. This includes the donor’s:

friends and family

doctor and other healthcare staff

care workers, social worker and other social care staff

You may need to use your lasting power of attorney to prove to staff that you can act for the donor.

Using the donor’s money

You might need to spend the donor’s money on things that maintain or improve their quality of life. This can include:

new clothes or hairdressing

decorating their home or room in a care home

paying for extra support so the donor can go out more, for example to visit friends or relatives or to go on holiday

You must ask for money from the person in charge of the donor’s funds."

 

If your MIL has mental capacity still and she doesn't want to pay for care, I would say you cannot go against that under either of the above types of LPA but no doubt those with more knowledge will contribute. 

 

[THECORBYLOON]

Forgot the links

https://www.gov.uk/lasting-power-attorney-duties/property-financial-affairs

https://www.gov.uk/lasting-power-attorney-duties/health-welfare

[Countrylover]

Thanks for clarifying that to Red Corby.  I should have made my answer clearer.  

[Redhelen72]

OK she is losing mental capability quite quickly but we only have Property and financial affairs attorneys

we had a call with her last night and she could not even remember how to turn her tv on - when we were over a couple of weeks ago she could not pass telephone security and tried to answer using an address from 30 years ago

[Redhelen72]

so we were hoping that we could get her a home help - oh well never mind

[Countrylover]

Hi, me again,

 

You can actually take on both power of attorneys if MIL agrees.  Ie   the one you have already and the care one.  But believe me people have to be really unable to understand anything before you can stop asking their permission and it has to be proved by a professional .  

Such a difficult situation.  I kept accounts for everything I spent or drew from my mums accounts and got her to sign!

[Countrylover]

Sounds now Red that she really shouldn't be living alone.  

[Redhelen72]

we have started keeping records, we dont want to manage her finances at the moment we will just oversee them.

she wont give permission for day help because she says she cant afford it

[Redhelen72]

no she shouldnt but......

she aint living with me

[bednobs]

even if she has lost capacity in certain areas, it also still doesn't mean all areas.  Forgetting how to turn your telly on, or your current address does not mean you have lost capacity

[Redhelen72]

taking out multiple insurance

cancelling your buildings and contents insurance

calling the police out and accusing people of theft (not just me)

sending cash in an envelope to someone because they asked her too

I could go on

[Countrylover]

Bednobs is right.  You have to be virtually without any thinking capacity and, dare I say, somewhat brain dead.  

[Redhelen72]

OK - well she has said that she is happy for us to 'help out' so perhaps we will get her to sign something next time we are over

[Countrylover]

Good luck Red.  X

[rowanwitch]

I think you are supposed to explain  your reasons, and try to gain her consent but so long as you can prove the money is spent wholly in her interest you can do it.  She must hate that she has one less tool in her manipulation toolkit 

[Redhelen72]

Rowan she phoned last night because she got a letter about her LPA and she maintains she never took one out!!

fun and games! Himself is going to get her to sign consent for him to use it now the only thing is she doesn't want 'the fat one' touching her money!!

[Smowball]

Is that what she says Red!??

[Redhelen72]

Oh yes smow - she has never commented on my weightloss just on my weight gain

she detests 'fat people' I have seen her drop long term friends when they put weight on

Her face actually screws up with disgust when discussing someone who is 'fat'.

I am 2 stone overweight and I am fat!

[barry1010]

Sorry for your stresses, Helen.

Was the dragon a fat child?  It wouldn't surprise me, but she'll never admit it.