Family Care Payments

Paying a family member who is providing care

What Is A Family Care Payment?

A family care payment is a financial arrangement where a person who needs care can pay a family member for the care and support they provide.

It is a way to compensate family members who often go unrecognised and are providing significant amount of care to a loved one which might otherwise be provided by professional care services.

“Lynn and her team offer invaluable advice concerning care options for clients. I have called on Lynn’s services to advise attorneys under a lasting power on the residential and domiciliary care options available to clients. I would not hesitate to recommend Lynn and her team”

Melanie W, Senior Chartered Legal Executive

How Does A Family Care Payment Work?

A Care Needs Assessment (CNA) will need to be undertaken to identify the level of care needs and is based on what a professional care agency would provide.   During the assessment we would identify what care the family member is providing throughout the day/night.  There are complicated rules as to what is actually viewed by the law as care as opposed to what is companionship.  This means that the hours of actual care may be lower than the family expect.

If the cared for person has mental capacity to enter into a contract then both they and the carer are protected as the CNA sets out all the details.

Court of Protection

If the cared for person does not have the mental capacity to enter into a contract then the Deputy appointed by the Court of Protection, or Attorneys acting under a Power of Attorney may well need a Court of Protection order.   This is to ensure that there are no conflicts of interest with a carer paying themselves or a close family member.

Office of Public Guardian (OPG) Guidance

The OPG provides guidance on family care payments, including how to calculate appropriate payments and what factors to consider.  It is important to ensure the payments are affordable for the person being cared for or if care should be paid for by the Local Authority.

Benefits of Family Care Payments

There are situations where the person in receipt of care is reluctant to accept help outside the family, therefore a family member is providing all the support, including personal care tasks and overseeing medications.  A family care payment allows the informal carer to be compensated and recognised for the contribution of the care they are providing.

By having a Court of Protection order it is clear to anyone looking at matters, adult services, the Office of the Public Guardian, HM Revenue & Customs or other family members that such payments are not gifts and they are correctly calculated. 

Who Can Set Up A Family Care Payment

It is really important that the correct steps and processes are set up, as outlined above. Clarity Care Consulting has specialist consultants who can help with this process. For more information and to book an initial consultation, please contact us.

FIND OUT MORE

If you are in a crisis, or need to find care for a loved one, or just want to know more about Clarity Care Consulting, please contact us.

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