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Attendance allowance and deputyship - Page 3 - Carers UK Forum

Attendance allowance and deputyship

Tell us a bit about yourself here.
If you are just sorting out dad's probate, did you know that you can change his will after he's died. No, I didn't either!! Then my solicitor told me. It's called something like a "variation", possible up to about 18 months after someone died. This could just provide the solution to your current problem, about funding mum's care, but talk to your solicitor for more details.
Yes, you can do a deed of variation of a will within two years after the death. I think the main beneficiaries have to agree. I only know this because my brother and I did it after my other brother died. I haven't read the original post and obviously you need legal advice on the implications. We did it to reduce future inheritance tax (it wouldn't work to stop care home payments to the council, for instance).
Thanks for the extra comments.

My sister cares for Mum whilst I'm at work and I work 3 days a week. Even if you allow for travelling time and occasionally staying one night a week this still doesn't make 35 hrs. Mum very rarely leaves the house though my sister does drive her when she does eg doctors appointments and she does sometimes do shopping but not necessarily just for us. I do all paperwork and most of the housework/garden, she does what's needed while she's in the house. Guess we'll have to study the CA form/notes in more detail to see what evidence is needed to see if we can cobble together the required 35 hrs using every little bit. We thought it was just a straight 35 hours looking after Mum in the home.

Interesting to know about the H&W order as posters on another forum recommended applying saying that the eg medical profession won't take your views into account without it. COP confirmed that solicitor did not apply for it when I rang to query the new order. Guess overall it may well be a waste of time and money so will wait and see what the new solicitor says. Will also ask them about the will variation though as Dad died Dec 2013 I guess we've missed out on that one though I'm not quite understanding what we would have achieved anyway with a variation with regard to the AA payment.

Do I understand right in that you mean relinquishing her Deputyship role? It is a thought but as it's taken us a year and a half to get it my heart sinks at the thought of unwinding it all again as we have informed all relevant companies already,got new bank card etc and it means the COP process again. Plus if anything happens to me or there was a dispute with the OPG God forbid she wouldn't have the authority to act for Mum without starting the COP process again and the timing at that stage may be crucial.

Will let you all know what CUK says next week. Solicitor will take longer.
Just seen the extra post re the will variation. As its two years from death, looks like we still have a chance if this is beneficial so must get on and appoint the new solicitor and discuss this.
Scally wrote:Treasury rate is 45p per mile.

By the way, I had a chuckle at this:
COP very seldom grants Health and Welfare and even then its usually for specific things like turning off machines that are keeping someone alive.
Hopefully not quite yet, though give this heartless government another chance and who knows? :o :shock: :cry:
Um, sorry, didnt express that very well either did I? :pinch:
I think you know what I mean - hope so anyway :oops:
C_1507 wrote:Interesting to know about the H&W order as posters on another forum recommended applying saying that the eg medical profession won't take your views into account without it.
Its probably a good idea if you are applying for POA just to make sure. However, Ive not had any problems with the medical profession not telling me things and and there is no problem with me signing mums consent form for surgery.
I've had a number of occasions where without my H&W POA medical staff would not have spoken to me at all, especially when she was ill in hospital. When mum was clearly nearly at the end of her life, in the nursing home, the doctor rang me at home to say she was in pain from a large sore/hole in her chest, so large apparently her ribs could be seen! I told the GP I had the H&W and my instructions were very simple, very clear. Under no circumstances should mum be in pain, that pain relief must be her top priority, regardless of the consequences, she had suffered enough. It required so much pain relief that mum would not be able to stay awake. She developed pneumonia and passed away two days later, in her sleep. At least I could save her from any more suffering. I would definitely recommend getting both types of POA to everyone.