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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1801
Experience:  Dual qualified Solicitor and Attorney
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My father-in-law is 88. He lives alone (paying rent and

Customer Question

My father-in-law is 88. He lives alone (paying rent and Carers) but is increasingly prone to falling. He has a diagnosis for (currently) mild dementia. The current alternatives are going into residential care, or coming to us. Can we take him in, while charging him a market rate, not "reasonable costs") for his room and care?
JA: Where is your father-in-law? It matters because laws vary by location.
Customer: East Sussex, England#
JA: What steps has your father-in-law taken so far?
Customer: what does that mean please
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes - his daughter (my wife) and her 2 brothers hold joint power of attorney for finances from 2013, and health and welfare from 2017; and he gave each in 2016 a sum of money
Submitted: 9 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 9 days ago.
Hi thank you for your message, if your wife and her two brothers use their POA to take him in and charge him more than reasonable expenses for his care then this could be construed as an abuse of the POA by the office of the public guardian and they could have the POA stripped from them. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 9 days ago.
a) please clarify "use POA"? b) Is a reasonable expense a market value? c. Please could you answer the second part of my question , concerning gifts made within the last 3 years?
Customer: replied 9 days ago.
Prefer your answer here please
Expert:  Jeremy Aldermartin replied 9 days ago.

Hi thank you for your message, (a) if they use the power of the power of authority (POA) to take money from his account then this may be considered an abuse of the POA Reasonable expenses are however allowed b) To some extent it depends what you mean by market value for example if what you mean by market value is if you were renting out the room to a complete stranger and you look around the area and you see advertisements for rooms at say £500 a month then that is likely to include profit so that would not be considered reasonable. On the other hand if it covers genuine costs associated with having an extra person in the house such as a little money for electric or gas then that would be fine. c) hat is your question about the gifts please?