Can LPA charge estate for work done

[Aston Traveller]

Hi
Just wondered if anyone else had experience of this. I am not the LPA but have helped in doing stuff. I am supportive of him doing so (in fact actually suggesting it). He has everything documented in case the scote relative who fleeced the deceased out of a few k accused him of anything.
TIA

[BertBert]

What work has the person with the LPA done and on what basis?
And specifically I presume it was prior to the death as the LPA ceases on death.

Edited by BertBert on Friday 2nd July 13:15

[Aston Traveller]

BertBert said:

What work has the person with the LPA done and on what basis?
And specifically I presume it was prior to the death as the LPA ceases on death.

Edited by BertBert on Friday 2nd July 13:15

Hi
He has dealt with all the bills whilst she was in the nursing home and since she came out. She was not mobile enough to get to places to sort out stuff as she had given up her car.
He arranged for the house to be updated (nothing done for 30 years). Arranged for new windows, central heating, dealt with mice infestation, garden done and house to be decorated. This enabled her to leave the nursing home she was put in after being in hospital after a fall. She was not computer literate enough to do it herself on line.
Also helped her report her scrote nephew to the police for theft. (Judgment was due shortly as case dealt with remotely). Arranged an appointment with solicitor so she could make a will. I was going to be with her for this so she had support.
I am not sure what you mean on what basis? Do you mean did she pay him to do this. If so she did not. There was no arrangement for this. As her family did not give a toss, he as a friend and neighbour felt he could help.
She used to be one of my staff many years ago - I found out through other old staff that she had been ill etc and became involved as I thought I could help, which I did taking her to the Drs for jabs and blood tests etc.
I have checked the government website but does not give a scenario on this so wondered if anyone had had experience of this.

[Hawkshaw]

IANAL but I would expect the LPA to be entitled to reasonable expenses, but not to payment for his time or work unless that was specifically agreed with the deceased.

Reading between the lines - if the executor is the solicitor who drew up the will, he/she is the best person to raise it with.

[Aston Traveller]

Hawkshaw said:

IANAL but I would expect the LPA to be entitled to reasonable expenses, but not to payment for his time or work unless that was specifically agreed with the deceased.

Reading between the lines - if the executor is the solicitor who drew up the will, he/she is the best person to raise it with.

As stated no will unfortunately and no agreement for any payment for help/time given.

[xx99xx]

I think spending their money on home maintenance is fine, and reasonable expenses such as mileage etc incurred in carrying out the duties can be reimbursed (all documented of course, whilst they were still alive). You're basically a service 'employed' by the attorney so the attorney should've reimbursed you at the time (if this is the nature of your question?). How much are you wanting to claim for?

How this works after death I have no idea. I'd have thought an informal agreement with the benefactor(s) should sort it out if significant sums involved.

[Hawkshaw]

Aston Traveller said:

As stated no will unfortunately and no agreement for any payment for help/time given.

Sorry, didn't understand that there was no will. What are you hoping to achieve? You and the attorney clearly did what you could for the lady while she was alive, and that was the responsible thing to do. Speaking from a little experience, it may be best to move on.

Edited by Hawkshaw on Friday 2nd July 21:55

Edited by Hawkshaw on Friday 2nd July 21:56

Edited by Hawkshaw on Friday 2nd July 22:25

[BertBert]

Aston Traveller said:

Hi
He has dealt with all the bills whilst she was in the nursing home and since she came out. She was not mobile enough to get to places to sort out stuff as she had given up her car.
He arranged for the house to be updated (nothing done for 30 years). Arranged for new windows, central heating, dealt with mice infestation, garden done and house to be decorated. This enabled her to leave the nursing home she was put in after being in hospital after a fall. She was not computer literate enough to do it herself on line.
Also helped her report her scrote nephew to the police for theft. (Judgment was due shortly as case dealt with remotely). Arranged an appointment with solicitor so she could make a will. I was going to be with her for this so she had support.
I am not sure what you mean on what basis? Do you mean did she pay him to do this. If so she did not. There was no arrangement for this. As her family did not give a toss, he as a friend and neighbour felt he could help.
She used to be one of my staff many years ago - I found out through other old staff that she had been ill etc and became involved as I thought I could help, which I did taking her to the Drs for jabs and blood tests etc.
I have checked the government website but does not give a scenario on this so wondered if anyone had had experience of this.

I think the problem (my "on what basis") is that there is no agreement that the LPA was going to be paid for services. There's nothing in law that helps for an LPA to be paid so it would all be down to a commercial arrangement between the parties. Absent that, I don't think the LPA sending an invoice post death is appropriate. I would expect it to be ruled out by the executors. Albeit, the executors have to make sure that all debts are covered (to the extent they can be).

[Aston Traveller]

Thanks all for your thoughts. It is what I thought really that without a formal agreement that it would not be really appropriate.