Council payment of care home fees

[Captain Spod]

I am attorney for my father in law who is in a nursing home. I pay the fees from his funds including the proceeds of his house but they will probably expire before he does. When I approach the Local Authority to continue funding him, how far back, and in how much detail do they investigate my spending on his behalf? My daughter has just bought a flat and in his more lucid times he would have been delighted to hand her a couple of grand for decoration etc. Is there a danger in me doing this on his behalf now, might the council claw it back? Neither I nor Mrs Spod have any wish to benefit personally. Thanks.

[brenda]

Don't know how far they would go back, but it must not be seen that he has disposed of income in an attempt to lessen his assets.

[dzug]

You as attorney do not have the power to make other than nominal gifts without the consent of the Court of Protection, so you <shouldn't> do it anyway.

Sorry, don't know how closely the council will look. They won't necesssarily claw it back anyway - just insist that fees to that value are paid before they step in.

[droopdrawers]

I hate POA for my step dad until his death 2 years ago.
I can tell you first when you signed the paperwork to take on this very responsible job on your Dads behalf you were given !00% trust of his assets.

If your Dad only has some "lucid" moments then to use his money for anything you MUST apply to the Court of Protection to continue the job you set out to so. This cost a several hundred pound. Over £500 when I needed to do it.

The council have a right to look at everything and in this age of screwing everyone for every penny I think you need to keep a good record of spending that doesn't include making generous gift to anyone.

DD

[droopdrawers]

Sorry my last post should read I had POA

DD