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Elderly parents
Original poster

Power of Attorney question

30 replies

timeistight · 13/04/2018 19:51

My BIL doesn't want to be an attorney for his DM because he doesn't want to get stuck with her care home fees at some point in the future.

I think he's got this wrong. Am I right?

OP posts:
Penfold007 · 14/04/2018 13:44

If he feels like that then maybe it's best he doesn't have PoA. Hopefully there are other family who are suitable.

NewspaperTaxis · 14/04/2018 13:30

Hatgirl is correct, it doesn't mean he will be paying for care home fees. I do think - someone can clarify this - that he may have to annually justify to someone where her cash is going, and I think there may be a small fee he has to pay to do that. That's certainly how it is for the Deputyship. That said, none of that applies until he needs to step in ie your MIL has lost mental capacity, or is deemed to.

Also, while that may put him off if he is as tight as you say, he should be aware that generally having power is better than not having it, and you only find that out when you don't. The Councils are often just tax collectors, and it will be the family cash they are after. LPA in Health and Welfare is just as crucial in this, because otherwise the Council can stop you moving care homes so you wind up subsidising their death trap one, often out of sheer spite - local authorities are a tad unhinged.

Original poster
timeistight · 13/04/2018 20:07

Thank you. Much appreciated.

BIL so tight he would skin a flea for its hide.

OP posts:
hatgirl · 13/04/2018 19:56

He's wrong if he is meaning he thinks he will have to contribute from his own pocket.

He will be responsible for making sure care home fees are paid from his mum's funds though.

Councils also sometimes ask relatives to contribute to care home fees via a 'third party top up' but this is (in theory) voluntary and entirely unconnected to having POA.

AnnieOH1 · 13/04/2018 19:54

Unless it is determined an attorney has mishandled the affairs of the donor they are not responsible in their own right for such debt.

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