Court of protection

[Housebuster]

We have had deputyship for health and welfare for our son for over 20yrs, following an award for an RTA. We have never had any issues and our annual reports are basically the same each year.

Son lives in supported living, the house provides no transport. Taxis are so expensive, he already spends over a hundred a month in addition to train fares etc, and he requires transport for medical appointments at least twice a month. For appointments my daughter picks him up and returns him home, often taking unpaid leave from work. Taxi would cost around one hundred a month, we pay our daughter 20. Saving son 80. This year they have told us it's not allowed? We thought we were working in his best interest? How are we not?

[monicaj]

I would guess it’s down to your daughter not being a deputy, so not entitled to receive deputy expenses. We are deputies for our daughter and we are the only people permitted to claim mileage expenses

[Housebuster in reply to monicaj]

Oh, sorry, yes my daughter is a deputy too.

[Tracidu]

Hi, I wondered how your son would travel if you or your daughter couldnt take him to his appointments. Ect .. ? Have you contacted your lay team to explain how much its costing . I thought when they leave home the placement has to take over these appointments ect , sorry if im wrong , I havnt gone down that path yet as my son lives at home with me . Its the next step to take very soon ....I have court of protection for my son , I complete the deputyship form in every year .

Ive had a couple of small disagreements with them as I find thier costings for certian things out dated.. I contacted the lay team to explain which they agreed with so I dont have to change anything .but no doubt it will be the same conversation on the next review. ..... I find it a little intrusive and to be told your not allowed to do things for them when you only have your childs best interest in your mind can be annoying. . I Hope you get help with all this from them Kind regards ..

[Housebuster in reply to Tracidu]

Sadly the home has no vehicle since Covid, and he doesn't get enough 1-1 hours. Besides, we hold welfare. Supported living is OK, he's happy, settled and close to family, which is the most important thing.Good idea about contacting lay team, will do that.

[Bergersil400 in reply to Housebuster]

Just wondered does your son have continuing health care support? The supported living home my daughter lives in also doesn't have a mini bus for transportation since it became to expensive to service last year. As my daughter doesn't have her own vehicle I asked the continuing health care nurse at her review whether we could have any extra money from her budget to pay for taxis or for the staff's petrol. They reviewed her budget in March & found she could have an extra £100 per week for travel. This has proved ideal as it means she has money for staff to take her out on trips when she has her 14 hours per week 2:1 support.I am not sure whether she would get the funding if supported through social services however.

[Housebuster in reply to Bergersil400]

No only social care, always a battle but we get 75% of what we ask for so won't complain.

[Bergersil400 in reply to Housebuster]

That is nice to here.I always find communication is best thing as you can often get more than you anticipated.

We also have a good two way communication with the staff in the home as we have her home most weeks whilst we are fit and healthy.

[SpeedyH]

Hi there. There are rules around regular gifts so perhaps it wasn't clear on your form that the money wasn't a gift. If the £20 is a payment for supporting her brother in lieu of a PA, then this needs to be paid through a payroll or on a registered self employed basis. The COP will be concerned that the tax man could come after your son for not paying tax on your daughter's earnings since this is a recurring monthly payment of the same amount. If the payment is for buying petrol (much more simple), your daughter just has to provide a petrol receipt for what she spends. It's all to do with making sure our loved ones arent exploited so a phone call to the OPG helpline should reassure you and tell you how they would like you to account for the £20.

[Housebuster in reply to SpeedyH]

I made it clear on the COP form what the payment was for. It doesn't really cover the petrol expenses over the month. I have replied to them I will stop the payment and in future taxis will have to be used, I wait to see if we get any advice back.

[SpeedyH in reply to Housebuster]

I'm sure they will be happy with that arrangement. If you do decide to pay your daughter for her petrol expenses instead though, she definitely shouldn't be out of pocket especially as she is kindly giving her time freely. Ask her to hang onto her receipts for petrol, or ask her to record her mileage and calculate her expenses at 45p a mile. As she is spending more than £20 on petrol, this way you can give her all her expenses.

[LaVerite]

I would never dream of paying for a taxi when I could compensate a friend or relative for their fuel - and valuable time. How can paying over the odds like this be anything other than not looking after your son's money and welfare (travelling with a stranger rather than a close relative)! Surely it's worth appealing on the basis of common practical sense because the authorities application of the 'best interests' test makes a mockery of what is sensible, practical and logical. The bias is clearly on the side of 'the professionals' and that seems to include professional drivers now! Good luck Housebuster!

[Housebuster in reply to LaVerite]

I know, it's crazy