I think the Office of Public Guardian say that you have to keep clear seperation between your own finance and the finance of the person you have POA responsibility for. I also think you are supposed to keep clear records. Potential challenges/complaints come from someone like the Inland Revenue or Local Authority, the latter if they felt there been "deliberate deprivation of assets", but equally from other beneficiaries if they feel their share of the estate has affected. My understanding is that it is not unusual for people who have not take much interest in the care side to then be much much more proactive when it comes to probate. When it is a lot of money, it is sensible to ensure there are records.
One of my big regrets is that we did not get the POA drafted in good time but in a hurry just after my mother's fall, and not using a Solicitor. I was asked to be the sole Attorney but have not had any proper advice, and I am finding that Solicitors are pretty wary of providing advice if they feel there is potential for conflict. The solution would be for me to clear decisions with other beneficiaries, so I was not making decisions, like to move assets from property to stocks and shares, which might then impact on the size of the estate, on my own. But there is no requirement for others to support me by doing this. Which leaves me accountable with others having the benefit of hindsight. What's more OPG require me to manage her assets actively. So essentially I am managing the inheritance of others, with potentially tough sanctions if I get it wrong. That said if my mother had sorted out a POA on her own, she would have probably put it with an expensive Partner in a local law firm. Given how complicated things have been, it would have cost a fortune.
But enough of my whinging. And my approach now is to inform others of the bigger decisions with a "if I don't hear from you I will take it that you agree", and sit back and wait for the non-reply.
Gifts are a whole different issue. My understanding is that:
- You can't make gifts as an Attorney, unless they are already established before the person lost capacity eg birthday gifts to grandchildren. Even then you need to be even handed between your children and those of siblings.
- The Inland Revenue limits gifts out of capital are limited to £3,500 in each of the last 7 years of life. I dont think gifts out of income are restricted.
My issue is that my mother has received some amazing help and kindness from people who did not know her before she became ill. I think it is right, and indeed in her interest, to behave generously in contributing to the staff Christmas fund or donating to the residents annual Christmas party, give a nice birthday present to her wonderful carer, and make an annual donation, in lieu of contributions to Sunday collections, to her parish. There are also organisations that meant a lot to my parents and who my mother would like to support. In my mother's case these can be afforded out of income, and I think it would be wrong not to make them.
In terms of records I am relying mainly on putting everything through the one bank account. If I had to put together something more detailed I could work back from there. I think challenges are unusual, but I think you are expected to provide information if needed.
I did borrow money from her to buy a small flat near her, but used a solicitor to draw up a loan agreement and I pay an above market rate of interest.