Fuel bill debt advice : Hi there, my brother-in-law... - Mencap

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Fuel bill debt advice

Salah11 profile image
13 Replies

Hi there, my brother-in-law has autism/adhd/MLD/mental health difficulties. He struggles with managing his benefit money and his energy provider (Boost) keeps “lending” him money to pay his elec/gas bills so he is now in more than a £1000 in debt to them. Ofgem have been hopeless. Any advice? I think my mother-in-law has power of attorney so could she manage his bills for him? Thank you.

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Salah11 profile image
Salah11
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13 Replies
Jofisher profile image
Jofisher

If she has power of attorney it depends if it’s active now or if it is only active once he looses capacity you need to check or is it a deputyship?

Salah11 profile image
Salah11 in reply to Jofisher

Thank you, I think it’s the former - only active if he loses capacity.

49Twister profile image
49Twister

It sounds like your brother in law has some capacity if he’s been managing his own bills. Your mother in law can only use the power of attorney status if your brother in law doesn’t have capacity or loses capacity in the future. That’s something you need to find out and if he doesn’t have capacity she could do these things using power of attorney. Saying that if your brother in law wants her to manage his bills and is happy about that, I don’t see a problem. Is she his next of kin/ appointee at all. I’m sure if he was compliant and happy for her to do that she can do that anyway. She could ring the energy company, explain the situation with his difficulties and add her name to the account as a person of contact when sorting anything, not as account holder. I have previously for my son. Also most energy companies have a priority department, for vulnerable people , so find out if they have one and get his name registered. It’s usually a quicker way of getting help when needed. Hope this helps.

Salah11 profile image
Salah11

Thank you so much. I think that’s the issue - he does have capacity in the eyes of the law but he has such problems managing money. You’re right re power of attorney, it’s only for if he loses capacity in the future. We have already got him on the list of vulnerable people with the energy company but they don’t seem to really understand. I think your idea off her contacting them with his permission is a great idea. Much appreciate you taking the time to respond.

49Twister profile image
49Twister in reply to Salah11

Your welcome. Yes the term capacity is a real issue for people with learning disabilities, as so many are deemed to have capacity when it’s really obvious they don’t. The Mental Health Act needs to change to protect them, but that won’t happen unfortunately as it will cost too much to support them to the standard they need and deserve. Best wishes.

Forgot to say your mother in law will have to be with your brother in law the first time she rings up. They will want to confirm with him that it’s ok with him. Once they have permission from him I think she can ring up on his behalf after that without him being there.

Salah11 profile image
Salah11

Exactly! It’s tricky. That’s great, thank you. I will pass that on to her. Thanks again!

sl20 profile image
sl20

I would also add that if your brother in law has certain benefits he may qualify for the warm home discount. This can be asked about when adding the contact person to the account.

Salah11 profile image
Salah11 in reply to sl20

Thank you, I will check this.

49Twister profile image
49Twister in reply to Salah11

Good point from above, if he claims personal independence payment or disability living allowance he would be entitled to the Warm Home Discount. which is a one off payment of £140 per year added onto his account. Check with the energy company about this he will have to provide proof he receives one of these benefits, usually National Insurance Number so they can check it out. He might be too late in getting it this year as it’s based on a first come first served basis and they usually have a closing date for applying. Definitely something mother in law can help with when she rings up if he doesn’t already receive it. Remember if he doesn’t get it this year for whatever reason ie too late in applying, ask when he should apply next year so you can get in quick,as it is something you have to apply for it’s not given automatically, unless your retirement age. Definitely worth having if he’s entitled.

Nellie_Supports profile image
Nellie_Supports

Speak to the money carer foundation they maybe able to help

Salah11 profile image
Salah11 in reply to Nellie_Supports

Thanks Nellie

ginatooker profile image
ginatooker

If your brother-in-law agrees and feels comfortable, so the mother-in-law manages his money, she can do it. The main thing is not to force him to do something against him that he does not like. If your mother-in-law knows how to manage this money better, that's fine! If she can't do it, you can turn to a wealth management advisor who does all this work, does the family's financial plan, manages the taxes, makes a retirement plan, and assesses risk management. I know it can be quite overwhelming to manage money in the family. I have a wealth financial advisor from mcgeewm.com/wealth-manageme..., and he takes care of everything I mentioned before.

Salah11 profile image
Salah11

Thank you.

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