If you have a lasting power of attorney record keeping and claiming expenses is part of the process. The OPG and the Court of Protection also carry out checks and visits to keep things on track.
Some of the key things you need to keep a record of include:
It is also important to include details of people that you asked for advice. If there are any serious disagreements you should be recording those too.
Note: There is no need to keep records of small and 'incidental' everyday decisions that you make (e.g. donor's diet or their visit to a relative).
You can only claim back certain types of expenses while acting as an attorney for another person. The types of expenses that you can claim for are those that relate to your role as someone's attorney. They include products and services such as:
You should keep the receipts for the items that you paid for and invoice the donor for your expenditure. Whoever is keeping charge of the donor's funds should pay back your expenses.
The courts can order you to repay the donor's money if you make decisions to benefit yourself or misuse it.
Both the Office of the Public Guardian (OPG) and the Court of Protection have an important role. Either of these organisations can check the decisions you make (according to the lasting power of attorney).
In some cases, either the OPG or the COP will:
They have the power to investigate any serious issues and they can stop you acting as the attorney if (examples):
Health and Welfare Attorney | Authority given to chosen people to help with decisions on medical care.
Property and Financial Affairs Attorney | Authority given to people to help with decisions on finances.
Lasting Power of Attorney Record Keeping and Claiming Expenses