How do care fees get paid by a self funding dementia patient with no LPA and before C

[Anchovy]

My 91 year old Mother in law with moderate dementia has her younger son as carer, but he is struggling to cope. I have my own health issues, do not drive and live too far away to give regular practical help-the time has come for care visits. He has third party mandate on her bank account only And there is no LPA, with savings over the threshold and a home she is a self funder,so how would fees be paid when she cannot consent and before a court of protection deputy is appointed?

[chris53]

Hello Anchovy, a warm welcome to TP (Talking Point), I am sorry I cannot advise on this problem for you, but there are many with more experience on this situation who will be able to help you.

best wishes

[amylee]

My 91 year old Mother in law with moderate dementia has her younger son as carer, but he is struggling to cope. I have my own health issues, do not drive and live too far away to give regular practical help-the time has come for care visits. He has third party mandate on her bank account only And there is no LPA, with savings over the threshold and a home she is a self funder,so how would fees be paid when she cannot consent and before a court of protection deputy is appointed?

I am sorry to hear about the difficulties you are all facing. This is very complex, and you need to get support from a team of people. The funding can be organised by local authority until guardianship is arranged by a social worker. ( This is a long process as no LPA) I suggest the son the main carer contacts social services and asks for a carers asessment and explains the situation they will support you all in organising about the funding-
It may be another option if your mother in law was diagnosed at a memory clinic to speak to the social working team there. Either way they can support you to access the support you all need.
best wishes

[jenniferpa]

I can tell you want I did when my mother was in this situation with an unregistered EPA and me in the USA but with a 3rd party mandate - I set up a direct debit to pay the fees. It's really very straightforward. In fact the only nonstraightforward thing was when, after paying it for several months the bank realized they has lost my signature card

If she is over the £23500 "liquid" assets level you don't even get a 12 week property disregard and the LA probably won't want to know (and there are logistical advantages to not involving them).

Someone needs to apply to be a deputy or even joint deputys. I say not the LA because they are really the last resort when it comes to deputyship (when there is no one else able to serve). If there really is no one else you can use one of the panel deputies from the court although of course that is more expensive.

[Jackie123]

When our aunt went into care we were allowed to pay the bill (about a years worth of care) once we had control of fiances via Court of Protection....

[Anchovy]

When our aunt went into care we were allowed to pay the bill (about a years worth of care) once we had control of fiances via Court of Protection....

Thankyou for your comment! The third party mandate on MIL's bank account will allow initial payments to be made whether for carers or care home, but will quickly run out! MIL has funds in an Isa and bonds and the house, which obviously can't be accessed until Court of Protection grants deputyship.Really scared we would be obliged to pay thousands for her fees for many months. We can't do this as helping two children at University for next 4 years! Is she allowed to build up debt with care agencies, as they would obviously get the money eventually? What happens if no relative applies for Deputyship?

[Saffie]

The funding can be organised by local authority until guardianship is arranged by a social worker.

Why would you want the Local authority to apply for Deputyship. It really would be better- in my opinion and I am a Deputy - for a relative to be the Deputy.