The care of elderly and disabled people is a complex issue, and it is not always possible for family members to provide the necessary care. In some cases, it may be possible to pay a family member to provide care, but this must be done in accordance with the law.
This is possible, but only after a Court of Protection order has been obtained to make sure that the conflict of interest between relative and the carer is managed. For such an application, a care needs assessment must be undertaken, showing what care is needed and the remuneration the carer would be entitled to.
The Court of Protection is a specialist court which makes decisions about people who lack the mental capacity to make decisions for themselves. If the court is satisfied that the arrangements are in the best interests of the person needing care, it will grant an order allowing the payment of a family member for care.
The family member must be registered with the Care Quality Commission (CQC) as a care provider, and must comply with all relevant regulations. The CQC will assess the family member’s ability to provide the necessary care, and will also ensure that the arrangements are in the best interests of the person needing care.
The payment of a family member for care must be in line with the National Minimum Wage and any other relevant legislation. The family member must also be insured and have the necessary qualifications and experience to provide the care.
When considering whether to pay a family member for care, it is important to take into account the potential conflict of interest between the family member and the person needing care. The Court of Protection will consider this issue when deciding whether to grant an order allowing the payment of a family member for care.
In conclusion, it is possible to pay a family member to provide care, but this must be done in accordance with the law. The Court of Protection must grant an order allowing the payment of a family member for care, and the family member must be registered with the Care Quality Commission and comply with all relevant regulations. It is important to take into account the potential conflict of interest between the family member and the person needing care when considering whether to pay a family member for care.
31 Jan 2020.