As an appointed professional deputy for many of our clients, we do have the authority to arrange family care payments to those family members who provide care to the person. We find this care is provided naturally by a parent or sibling and is assessed as being in the person’s best interest.
The Public Guardian has provided the following as care arrangements that might justify a family care payment:
- There is no contractual relationship between the client and the family member
- The family member is providing the care by way of their natural love and affection
- The care is informal in nature and not by way of a job description
- The family member does not have formally agreed hours, breaks, or holidays
- There is little or no demarcation of work between family members, and no one is responsible for securing contractual terms or service delivery
As a professional deputy, we have the authority to make best interests decisions in relation to these payments but should the agreement be outside the practice note or there is a dispute amongst the family, an application to the Court of Protection for the agreement to be authorised will be a necessary step.
If a lay deputy (none professional) is appointed and is seeking to make these arrangements with a family member, it is highly recommended that Court approval is sought to avoid a breach of their fiduciary duty. Should the deputy themselves, as a family member wish to receive a care payment, this will need approval by the Court.
Factors to consider
The Public Guardian has provided an overview of the areas a deputy needs to consider, these are summarised here:
- Reasonable – the care must be reasonably required to meet the person’s needs and be of a good standard of care
- Affordability – the payments must be affordable taking into account the person’s resources, age, and life expectancy
- Evidence – the deputy must be able to show the input by the family and the calculation of the care payment
- Circumstances – should the person’s situation change for a long period of time (such as a long period of rehabilitation of more into support living) the care payments may need to be stopped
The Public Guardian’s practice note in full can be found here and is a must-read for any deputy.
How can Nelsons help
Gemma Hopper is a Senior Associate in our expert Court of Protection team.
For further information on the above or any related subjects, please contact either Gemma or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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