Lay attorneys cannot normally reimburse themselves for anything other than their reasonable out of pocket expenses, unless there is specific provision for charging in the Enduring or Lasting Power of Attorney.
In re SF an attorney paid himself a daily rate of £400 for acting as his mother's attorney. He also refused to pay her care fees due to an on going dispute between him and the local health board and claimed over £100,000 in out of pocket expenses which the Office of the Public Guardian cited as excessive.
One significant factor was that the attorney reimbursed himself for several journeys to check for signs that his mother was being mistreated. This was not part of his role as an attorney and so could not be reimbursed.
Conversely in this very sad case the attorney withheld his mother's money for items such as toiletries. It is clear from reading the case that he saw his mother's estate as his future inheritance and was not acting in his mother's best interests.
Martin is an attorney under the EPA, which covers property and financial affairs only. Therefore his visits to check for physical abuse, even if they were necessary to safeguard Sheila, were not part of his role as attorney. Therefore, the Public Guardian believes Martin was not entitled to claim expenses for these visits