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Legal, pensions and money

Not sure if I'm ok?

(6 Posts)
Diablo Thu 23-Jun-16 13:12:35

Long story but I've been looking after my aunt now for about 2 years. She is registered disabled and gets the associated benefits and pensions. I have to do everything for her as her late brother did before he died 2 years ago. She really relied on him for most things, I wasn't aware of that when I began helping her. She never married or had children and won't go out except with me. Believe me ive tried everything. She lives in a council bungalow 45 miles away from me. I go there every Saturday to take her out mostly shopping. She can do her meals but basically anything else her brother did like washing and ironing etc I do(or my wife). I make all appointments and arrange things that need doing etc. I am also Power of Attorney for both welfare and finances. She has a small amount of savings which she has mainly left to me in a will. I run my own business(sole trader) which has suffered because of the need to be available for her. I was working 7 days a week but have cut right back now to 4 days. I am near retirement so that was to be expected but I cannot concentrate 100% on work. My question is that she wants to give me £250 a week to cover my loss of earnings from my business and I'm not sure she can do that, or can she? If I accept that do I need a letter from her to say to that effect? Does if affect the POAs I have? I don't want cause a problem but financially I'm struggling.

thatbags Thu 23-Jun-16 13:15:45

Would it not be OK if she writes a kind of contract, which you both sign, possibly with an impartial witness, to say she is paying you for doing some work for her?

Jane10 Thu 23-Jun-16 13:19:50

I think she's allowed to pay regular amounts to you from her already taxed income. Keep careful records of this. That worked well with my mother and all financial details had to be shown when her estate was going through probate. Good luck.

grannyactivist Thu 23-Jun-16 13:39:19

If your aunt has been assessed by social services as needing care and support services she will most likely be in receipt of Direct Payments, which she can then use to pay for elements of her care such as you have described.

It's perfectly legal to pay a friend or relative to provide assistance, but I agree with Jane10 - do keep careful records.

iaincam Fri 24-Jun-16 09:36:45

As an attorney you can claim. or be reimbursed for expenses, such as travel costs, postage and phone calls, but should not be paid unless it says so in the power of attorney. In any event you should keep very careful records of what is spent by you and on what.

If your aunt still has capacity she can give you money, but if she hasn't you can't pay yourself.

It also sounds as if she should be getting more help from Adult Social Services.

Diablo Fri 24-Jun-16 09:51:31

She has full mental capacity she is just nervous of handling monetary situations as her brother used to do it. I have to encourage her to spend as she's not used to it. Fine with food and bills but getting her to buy a new sofa etc is difficult. I've just had s call from social services and they're coming round but I've had them round before and she just doesn't like change.