Attendance Allowance application without parent's knowledge(6 Posts)
Hi, this is a quick question regarding Attendance Allowance, I'll keep trying to get through to the government helpline but wondered if anyone could advise... my mum has reached the point where her support needs would qualify her to the lower rate of Attendance Allowance, I would be able to get support for the application from her GP and now an OT as well (who met her yesterday, briefly and to my Mum's great dissatisfaction). But Mum herself would not remotely agree to any such application being made as she is in strong denial about her dementia with Lewy Bodies. I know you can apply in certain circumstances without the applicant's knowledge, but I'm not sure if we fall into that category. Financial and welfare Power of Attorney are both in place, but I don't know whether the welfare Power of Attorney needs triggered in some way. Financial Power of Attorney is active at the bank, in a shared way, both Mum and I have access to her account. I don't want to invest a lot of time in writing an application if I'm not going to be able to submit it, any advice gratefully received, thanks.
Welfare PoA needs to be registered with the Office of the Public Guardian, but I suspect you did that at the same time as the Financial PoA. Unlike the Financial PoA, the Welfare one can only be used when she has no capacity - if she has capacity to make the decision in question, you can't make that decision for her. You could use it only if someone - eg GP - were to assess and decide she couldn't understand what the AA was for and what the implications were of her decision. She's allowed to make a bad decision as long as she understands what the implications may be.
Can you sell it to her by basing your argument on her care needs not her diagnosis, and present it as a smart way to get some extra money to make life easier? (Not to provide care, but to let her buy in some services to give her more time to enjoy herself)
Age uk and carers association offer v good advice on aa and might help persuade your mum it is her”right”
Also, phone up for a form as they are date stamped and you will get backdated payments.
How to claim Attendance Allowance (EWS) § Applying for someone else
If she has the capacity to understand what it is and say no to it, I think that you have to respect that, frustrating though it is.
Many thanks for your replies. Yes, the welfare PoA is registered with the Office of the Public Guardian. I find it tricky as she has capacity to look after herself to a moderate degree (with me in the background to support her daily) but I feel the whole area of her diagnosis and what her actual needs are, is a key area which she is unable understand properly. She has a good pension so we are very lucky in that she can manage just now without the allowance.
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