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Balancing responsibilities

The Court of Protection will consider all the relevant circumstance when dealing with attorneys, which can lead to divergent decisions

8 May 2015

The rules surrounding paying for care are complex. The first tranche of reforms under the Care Act 2014 came into effect on 1 April this year, and are likely to raise further questions. The rights and responsibilities of deputies and attorneys can appear so complex at times, that they verge on becoming overwhelming. However one of the most commonly asked questions; 'Can I refuse to pay my mother/father's care home fees?' seems relatively simple to answer.

The Court of Protection's (CoP) decision in Re OW The Public Guardian v JW [2014] EWCOP B24 set out the view of the court where this arises.

The attorney had refused to pay his mother's care home fees, claiming that she was entitled to receive continuing healthcare. The attorney said: 'The only lever I have in trying to get them to do their jobs properly is by withholding payment for the care my mother receiv...

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