Ramsdens provided a great service and ensured a very swift turnaround which was unexpected. We had regular updates from Andrew, William and Laura and they were always ver...
Arianne is one of the best solicitors I’ve encountered—both professional and kind. I had to see her twice because a section of the form was missing after I initially fill...
We selected Ramsdens Solicitors amongst many that gave us quotations for a property refinance. They were professionalism even at the quotation stage, and the fees were ve...
Fantastic experience working with Joanne and Rebecca on another remortgage. They really are such a great team!
Beth dealt with the estate of my late father, including the will and LPA. The support and advice she gave was excellent. The empathy and compassion she showed myself and ...
Independent
third party reviews
Ramsdens
Blog
Family Care Payments, otherwise termed ‘Gratuitous Care Payments’ may be awarded to family and/or sometimes friends, who provide support and care to a person above and beyond that which usually takes place amongst loved ones.
This type of payment recognises individuals who provide such a level of support that it enables another to live an independent life and within their own home. The list of tasks is infinitive and varies on a case to case basis, but may include helping another with bathing safely, getting dressed or making meals. The key point being that without this help, the induvial may need professional carers or to move into a suitable facility to meet their needs.
Whilst it is right that there is provision for those who offer such significant support to another, the difficulty can lay with determining a proportionate/appropriate value of payment. The Court of Protection have offered some guidance to assist Deputies in determining a fair and appropriate approach.
Given that an appointed Deputy is responsible for managing the finances of those who lack the requisite capacity to do so, the legal framework is such that the proposed payment must be within the individuals best interests and should not conflict with the Deputy’s duties not to take advantage of their position.
One approach taken in recent case law in order to determine a value, is to look at the cost for the equivalent care to be undertaken by a professional and reduce the figure by 20% given tax is not paid on gratuitous care payments. Other approaches have been taken within recent case law but the important point is, however the payment is determined it is important to note that any such payment made to a family career MUST reflect what an individual can reasonably afford.
Other factors which are considered:
If you have any questions regarding the topic discussed above please don’t hesitate to contact a member of our Court of Protection team on 0344 3260049.