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Are there any guidance notes in dealing with an LPA.
My father is in a nursing home with dementia and is fully NHS funded.
I am dealing with his finances and I am the sole beneficiary of his estate.
I have phoned Age Concern UK and the CAB to ask if the expenses I want to incur on his behalf are lawful and the only answer I get is I can pay out reasonable expenses from his money.
The expenses I consider borderline are:
Petrol money for visiting him most days.
Half the insurance money for the jointly owned house.
Wine and something like a pork pie which I take him as a daily treat.
£750 for half the repairs to the house.
As the house is jointly owned I have been advised if I pass away before my father and my father no longer qualifies for NHS funding the council would be entitled to half of the house so my logic is half of the insurance should come out of his money and half of general repair bills.
Has anybody been audited in relation to an LPA and may be able to offer some guidance.
I am dealing with his finances and I am the sole beneficiary of his estate.
I have phoned Age Concern UK and the CAB to ask if the expenses I want to incur on his behalf are lawful and the only answer I get is I can pay out reasonable expenses from his money.
The expenses I consider borderline are:
Petrol money for visiting him most days.
Half the insurance money for the jointly owned house.
Wine and something like a pork pie which I take him as a daily treat.
£750 for half the repairs to the house.
As the house is jointly owned I have been advised if I pass away before my father and my father no longer qualifies for NHS funding the council would be entitled to half of the house so my logic is half of the insurance should come out of his money and half of general repair bills.
Has anybody been audited in relation to an LPA and may be able to offer some guidance.
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Yes I see no problem with charging him for half the repair bills. In fact given that you have another property (the one left to you by an aunt) you could charge your dad for all of it.
But I'm not clear why the issue arises- is anyone realistically going to object if you use his money to buy him pork pies?
But I'm not clear why the issue arises- is anyone realistically going to object if you use his money to buy him pork pies?
I must admit that when I used to visit my grandmother in a home the thought of using her money to pay for my petrol never occurred to me so I never investigated the legal aspects.
I cannot imagine how it could possibly be considered as fraud though as there is no issue here of deliberate deprivation of assets to avoid care fees. If you keep receipts for the petrol, wine and pork pies you'll be okay I'm sure
I cannot imagine how it could possibly be considered as fraud though as there is no issue here of deliberate deprivation of assets to avoid care fees. If you keep receipts for the petrol, wine and pork pies you'll be okay I'm sure
Oops, sorry, I did mean to leave you these relevant previous threads which may be of interest to you as people were asking whether they could use the money of someone in a care home to fund their petrol and motoring costs, including buying a new car, so they could afford to visit.
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<<Really I do not want to be prosecuted for say fraud.>>
But who would you be defrauding? There are no other relatives to kick up a stink and I'm pretty sure the OPG would not investigate without a complaint.
I'd regard what you are doing as reasonable expenses anyway. Does your father have lucid enough moments to OK what you are doing? If so that removes all doubt. He's entitled to spend his own money, LPA or no LPA.
But who would you be defrauding? There are no other relatives to kick up a stink and I'm pretty sure the OPG would not investigate without a complaint.
I'd regard what you are doing as reasonable expenses anyway. Does your father have lucid enough moments to OK what you are doing? If so that removes all doubt. He's entitled to spend his own money, LPA or no LPA.
Hi factor30
Thank you for your help with this.
At least I now know I am not the only one in this situation.
My car will be a year old on the 1st September and has done 14,000 miles and it had its 12,000 mile service nearly 6 weeks ago but I have 4 services included in the price of the car.
I only did 8,000 miles when I was at work and about the same mileage between being retired and Dad going into the home.
Sadly I think Dad will have passed away before my car will be replaced but I think the car will only last about another 8 months to the next service and I think I will have to have new tyres then so he may be alive.
This would normally be a 2 year service.
Dad wants his food and his wine as soon as I walk in the door.
Oddly enough he expected his wine when I walked in at 8.30 am a few weeks ago as he was going for a hospital check but I gave him a sausage roll and shared a can of diet coke with him.
Yesterday Dad was worried that I would not be able to visit him as he thought there was a petrol shortage so I think he may realise money is being used to pay for the petrol.
One of the carers said a petrol station near the home is closed for refurbishment. She said she had not mentioned it to anybody in the home but somebody else could have said something.
Thank you for your help with this.
At least I now know I am not the only one in this situation.
My car will be a year old on the 1st September and has done 14,000 miles and it had its 12,000 mile service nearly 6 weeks ago but I have 4 services included in the price of the car.
I only did 8,000 miles when I was at work and about the same mileage between being retired and Dad going into the home.
Sadly I think Dad will have passed away before my car will be replaced but I think the car will only last about another 8 months to the next service and I think I will have to have new tyres then so he may be alive.
This would normally be a 2 year service.
Dad wants his food and his wine as soon as I walk in the door.
Oddly enough he expected his wine when I walked in at 8.30 am a few weeks ago as he was going for a hospital check but I gave him a sausage roll and shared a can of diet coke with him.
Yesterday Dad was worried that I would not be able to visit him as he thought there was a petrol shortage so I think he may realise money is being used to pay for the petrol.
One of the carers said a petrol station near the home is closed for refurbishment. She said she had not mentioned it to anybody in the home but somebody else could have said something.
Hi All
I visited the home this afternoon and started speaking to a lady who has retired from the OPG but she really dealt with deputyships.
She said there are no real written rules and she did say every case is different.
She said she would not have queried the house insurance, maintenance or petrol.
Also in view of the mileage ( which she knew was correct) she would not query any contribution to the maintenance expenses for the car as there is no public transport to the home.
She also said that if I got to the stage where the car gets to a high mileage and needs replacement ask the OPG for advice. She said they have authorised contributions towards the purchase of new cars but I am unlikely to get to that stage.
She did say the worst which is likely to happen if the OPG did not consider the expense to be reasonable they may ask me to pay it.
For the information of other AB'S she did say that problems happen more when there is more than 1 beneficiary of the estate. Sometimes it is mainly 1 of the offspring looking after the parent and the sibling may question if some expense was really necessary.
I visited the home this afternoon and started speaking to a lady who has retired from the OPG but she really dealt with deputyships.
She said there are no real written rules and she did say every case is different.
She said she would not have queried the house insurance, maintenance or petrol.
Also in view of the mileage ( which she knew was correct) she would not query any contribution to the maintenance expenses for the car as there is no public transport to the home.
She also said that if I got to the stage where the car gets to a high mileage and needs replacement ask the OPG for advice. She said they have authorised contributions towards the purchase of new cars but I am unlikely to get to that stage.
She did say the worst which is likely to happen if the OPG did not consider the expense to be reasonable they may ask me to pay it.
For the information of other AB'S she did say that problems happen more when there is more than 1 beneficiary of the estate. Sometimes it is mainly 1 of the offspring looking after the parent and the sibling may question if some expense was really necessary.
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