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Social Services

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  • Social Services

    Hi
    This is going to be a long post so i apologise now as this is all very complicated!

    My husbands mum was diagnosed with Dementia about 4 years ago. My husband has LPA but has not enforced it as he didn't want to take away her independence. We both arranged for her to have carers go in and make sure she ate, took her meds and just generally make sure she was ok.

    Back in 2012 (Xmas) My husband and I were going down south to visit my children and we were going to put his mum in a care home while we were away so we knew she would be ok. She got all upset by this idea so we arranged for some other family member to stay with her while we were away. On our way down South our car's engine seized up and it was all a massive nightmare and when we had a quote to get it fixed my husband asked his mum if she could lend him the money to get it fixed which she lent him no problem. A few weeks later we had a call from Social Services asking what the large withdrawal on his mum's bank statement was for! (At no time were SS given permission to open his mums mail or go through her finances) I told them that we were aware of the withdrawal and that it was between my husband and his mum. Big mistake as it turns out! This was April/may 2013!
    Back in May this year I got home to a calling card from CID, I rang them and a CID woman came round and said that SS had made an allegation that we had stolen money from his mum. They searched my house (Voluntarily)and I went down the station to give a statement. My husband has no need to steal off of his mum as she has always either lent him the money or given it to him. The police wanted to interview my husband too but as he is a European lorry driver getting the timing right etc was nigh on impossible. He rang the staion several times to make an appointment but it was either the investigating officers day off or she was on shift when my husband was away again. We have not heard from the police since May!
    SS have taken POA and said that my husband is a 3rd party and that he has no say whatsoever over his mums affairs or well being! The care plan has been changed without our knowledge and her pension now gets paid into an account that she cannot access. They give her pocket money and will not let her have her house re decorated (not been done for last 15yrs or so) The porchway on her house is rotting away and they will not let her have someone come out and get the work done. They had the local council come out and replace her boiler which we were getting sorted for her and they have made a complete balls up of it! This is her own house and not council. Her hoover is so old that even I have problems pushing it around and they will not let her replace it, she is 84 and has a frozen shoulder so pushing this hoover around is really hard for her. When i go to clean her house i have to take my own hoover so I can do the hoovering.
    We have asked on numerous occasions for a meeting so my husband and his mum can explain that the money was not stolen and that she keeps telling him that she would rather him have the money now than when she is gone! ( He is an only child) SS have refused a meeting, they will not speak to my husband at all, they will not answer his calls!
    When we first called in SS for help with his mum i gave them my husbands letter showing that he has POA and explained that he had not yet enforced it. SS say that they have never had proof of this. We have since given them proof yet again!

    I get home from work today and there is a letter for my husband from them saying that they have applied for full POA for her . It is a COP. My husband has to fill this in saying that he opposes their application.

    I just think that this could have all been cleared up with a family meeting! His mum has gone to her solicitor and they want an independant evaluation done on her but obviously they want money to do this which SS are REFUSING to allow her. May i just add that my mother in law and my husband arranged this POA way before she had dementia!
    We are all very angry and upset about all this. My husband has not been himself since all this started, he doesn't sleep well and that worries me as he drives 44 ton lorries!
    My friend is a carer in a different part of the country and she cannot believe that our SS have not called a family meeting. She also told me to go online a to the Office of Public Guardian which i have done but i dont understand it and i don't want to keep bothering my friend! Any help will be greatly recieved.

    I know there are some unscrupulous people out there who would fleece their family etc but I promise you my husband isn't like that and he and his mum have a wonderful relationship.
    Tags: None

  • #2
    Re: Social Services

    He needs to go to CAB or your local MP as soon as poss (or give his written consent for you to do it on his behalf - if he works away a lot)

    Email the complaints dept of your council (they're in charge of the SS) and ask them to intervene now - at least to get you a meeting to discuss it with the SS.

    Do everything in writing. Either emails (saving your sent messages) or postal (recorded/signed for costs less than £2)

    Can your husband prove he has LPA, and that this was agreed before his mum's dementia occurred??

    Can he contact the police (again in writing) asking what the result of their investigation was??

    I know this is a difficult time and it probably seems like everything and everyone is conspiring against you, but it will get easier! I'm sure there are lots of people here on LB (myself included) who will offer support and advice to you both as, and when, you need it!!

    Kati x
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Social Services

      Thank you Kati
      Yes we can prove that it was made before her dementia as the paperwork is dated.

      Comment


      • #4
        Re: Social Services

        That's a definite start

        Hopefully SS see reason and you get to arrange a meeting to sort it all out very soon

        xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Social Services

          Makes no odds as to if Dementia is diagnosed or not if the LPA is not registered it is of on use what so ever, so if you mean by 'enforced' that you have not had it registered it is not something you can fall back
          If your mum is having care provided by the Local Authority it will be means tested, her condition being classed as 'Social Care' they are entitled to and will review your mums financial status on a regular basis, they will also query any movement on the account that will look like it is being taken under the threshold for charges.

          Comment


          • #6
            Re: Social Services

            Originally posted by enaid View Post
            Makes no odds as to if Dementia is diagnosed or not if the LPA is not registered it is of on use what so ever, so if you mean by 'enforced' that you have not had it registered it is not something you can fall back
            hopefully it was registered, and just not 'used' :tinysmile_hmm_t2:
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: Social Services

              The LPA does not need to be registered unless and until the donor has lost capacity.

              A diagnosis of dementia does not mean that mental capacity has been lost.

              The fact that she has instructed a solicitor suggests that it has not.

              If there is doubt about capacity the court will order independent assessment, the costs of which will usually be shared between the parties.

              Those dealing with complaints will have no influence over the legal process and it sounds as though proceedings have been issued.

              If she has lost capacity, you are extremely unwise to borrow money off her knowing that she cannot consent to the transaction - have you paid it back?

              Your post is a little confused over whether you believe her to have capacity or not and the extent to which it may have been lost.
              Last edited by stevemLS; 4th September 2014, 19:56:PM. Reason: Correct typo

              Comment


              • #8
                Re: Social Services

                cdhk155:
                My husband has no need to steal off of his mum as she has always either lent him the money or given it to him.
                This will be exactly what is worrying Social Services/the Court of Protection.

                stevemLS:
                If she has lost capacity, you are extremely unwise to borrow money off her knowing that she cannot consent to the transaction - have you paid it back?
                It might be helpful to the OP to read this and follow the links: http://www.alzheimers.org.uk/site/sc...hp?fileID=1828

                The implications of having LPA are considerably more far-reaching than one would imagine.

                Whilst the OP is no doubt being truthful in saying that they only want the best for the mother, it is incumbent upon Social Services and upon the Court of Protection to ensure that there is no abuse - or advantage taken - of diminishing mental capacity.

                The law on this is designed to protect the most vulnerable. Possibly it thereby treads on the toes of those of us who mean well....in the OP's shoes I would be looking for specialist legal/practical advice - maybe from the Alzheimers Society or Age Concern?

                Comment


                • #9
                  Re: Social Services

                  To see what is on record fill in this form and email it to the OPG. You will get a certificate of the current status.

                  If this is not what you expect then phone the OPG and talk to them. I've found them, in the main, very friendly and helpful.

                  Comment


                  • #10
                    Re: Social Services

                    Originally posted by stevemLS View Post
                    The LPA does not need to be registered unless and until the donor has lost capacity.

                    A diagnosis of dementia does not mean that mental capacity has been lost.

                    The fact that she has instructed a solicitor suggests that it has not.

                    If there is doubt about capacity the court will order independent assessment, the costs of which will usually be shared between the parties.

                    Those dealing with complaints will have no influence over the legal process and it sounds as though proceedings have been issued.

                    If she has lost capacity, you are extremely unwise to borrow money off her knowing that she cannot consent to the transaction - have you paid it back?

                    Your post is a little confused over whether you believe her to have capacity or not and the extent to which it may have been lost.

                    I was presuming the LPA was Finance and Property in which case it does have to be registered before you can use it.
                    LPA Health and Welfare can only be used when someone is unable to make their own decisions.

                    Comment

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