Legal
Family Financial Care
By Terence Willey of Terence Willey & Co
Recently the Office of the Public Guardian ( OPG ) has published a practice note on Family Financial Care to an individual and they have set out a legal framework upon which such are considered appropriate and acceptable . The guidance applies to Court Appointed Deputy ’ s under a Finance and Property Order . It is however very useful to anyone wishing to seek reimbursement from an individual ’ s funds whilst assisting them both practically and financially . It is not uncommon for family members and friends to provide informal care to individuals who lack mental capacity and are offering support with making and providing meals and undertaking other household duties which may include shopping for food and clothes . The OPG will consider that where such circumstances of care arrangements are agreed and in the absence of any contractual relationship , authority will be given for reimbursement to a Deputy so appointed by the Court . The Public Guardian considers that payments to an individual must always be in the incapacitated person ’ s best interests but also subject to the guide lines as laid down by the OPG . In all instances the care must be considered reasonable and meeting all the requirements of the individual and to be of a good standard . There must be evidence of care having actually been provided and affordable and that payments made to an individual assisting in this way should be able to demonstrate that such represents a saving on the cost of professional care and take into account any other contributions the individual makes generally towards the running of the house or paying bills . It is also advisable that if payments are going to be made to a family member or any other individual in this way , for assisting in these circumstances , they should be first agreed in consultation with the carer and other family members where appropriate . These new guidelines set out by the OPG for the appointed Attorneys under a Lasting Power of Attorney or an Enduring Power of Attorney would depend on the specific powers granted under such Attorney . Without a doubt , Attorney ’ s will certainly find these new guidelines as set out by the OPG helpful and particularly if they are uncertain as to applying payments for care in this way . I believe this clearly highlights the wisdom of keeping a ’ book of accounts and records ’ of all activity noting precise dates and times of all actions undertaken by the appointed Attorney . Attorneys can be ‘ taken to task ’ by the OPG if they consider the interests of an individual are in any way being prejudiced or compromised . Sometimes the OPG may receive a report from a friend or family member which they are obliged to investigate . An Attorney would be wise to seek legal advice if unsure of their rights under a completed Enduring or Lasting Power of Attorney and if necessary be legally represented to protect their own position and the actions they have taken . Contact Terence Willey on 01983 875859 , or Mark Willey on 01983 611888 . www . terencewilley . co . uk
www . visitilife . com 129