Capacity

[StressedDaughter]

Due to huge delays with my LPA, Mum is selling her house to fund the care home. The solicitor was happy with the arrangement and has been dealing with me since February after Mum signed an authority. She is now off on long term leave - new one (same firm) is now wanting capacity confirmed.
Care home (which the new solicitor suggested) say they can’t legally provide a report - is this true? Although they say they believe she does have capacity (off the record).
GP can do an assessment but wants £200. Is this a reasonable charge? Mum doesn’t think so and says it’s a waste of her money. I’m so fed up with the days of admin!! At the end of the day, I don’t care if it sells or not - all the money will be used for care home fees. Why is everything so hard?
I think I may have to pay - very grudgingly!

 

[DaftDad]

The care home manager can carry out a capacity assessment, as can a GP, but apparently they are only obliged to carry out assessments if it relates to the care they are providing to a person, e.g. can the person consent to a specific medical procedure, or can the person consent to being bathed in the care home? In terms of capacity to make financial decisions, it is my understanding that medical professionals are under no OBLIGATION to do these and often avoid doing so, as the repercussions can be significant. The solicitor should be able to assess your Mum's understanding, the Law Society makes that clear. Seeing as solicitors are responsible for drafting Wills and for preparing LPAs etc, then there is no reason why the solicitor themselves cannot satisfy themselves that your Mum has capacity to decide.

More here: https://www.lawsociety.org.uk/topics/client-care/working-with-clients-who-may-lack-mental-capacity

 

[nitram]

Care home (which the new solicitor suggested) say they can’t legally provide a report - is this true? Although they say they believe she does have capacity (off the record).

The care home cannot legally legally sign a COP3, they can state that in their opinion mum has opinion but don't have to.

GP can sign and can charge an unregulated fee, you are actually luck that they will sign. I'd put £200 at the upper end of the range.

It's not a waste of money as it is needed to sell the house because the solicitor is querying, just like estate agents and solicitors fees it has to be paid

 

[StressedDaughter]

The care home cannot legally legally sign a COP3, they can state that in their opinion mum has opinion but don't have to.

GP can sign and can charge an unregulated fee, you are actually luck that they will sign. I'd put £200 at the upper end of the range.

It's not a waste of money as it is needed to sell the house because the solicitor is querying, just like estate agents and solicitors fees it has to be paid

I agree but in Mum’s eyes she doesn’t see the need! I have asked the solicitor how much they will charge to assess her - but I think it may be more than £200. I could in theory wait for the LPA - we had the 4 week cooling off period finish about 4 weeks ago so fingers crossed it shouldn’t be too much longer.
My main grumble is that none of this was mentioned at the outset - but that’s for me to take up with the new conveyancer. If fact I was assured it would be fine - unfortunately not in writing.

 

[nitram]

If the LPA does not come through soon you could try arranging that the GP's fee shows as a disbursement on the solicitor's invoice, all mum needs to know is 'what the solicitor's bill was'.

 

[StressedDaughter]

The care home cannot legally legally sign a COP3, they can state that in their opinion mum has opinion but don't have to.

GP can sign and can charge an unregulated fee, you are actually luck that they will sign. I'd put £200 at the upper end of the range.

It's not a waste of money as it is needed to sell the house because the solicitor is querying, just like estate agents and solicitors fees it has to be paid

Turns out the GP will not sign.
What would happen if I walk away from it all?
It’s not benefiting me at all as all the funds realised will be used up on care home fees.
I assume the care home would pursue Mum as an individual - legally none of this is anything to do with me - I’m just the one spending days trying to sort it/the house/estate agents!

 

[Unknowndaughter01]

Due to huge delays with my LPA, Mum is selling her house to fund the care home. The solicitor was happy with the arrangement and has been dealing with me since February after Mum signed an authority. She is now off on long term leave - new one (same firm) is now wanting capacity confirmed.
Care home (which the new solicitor suggested) say they can’t legally provide a report - is this true? Although they say they believe she does have capacity (off the record).
GP can do an assessment but wants £200. Is this a reasonable charge? Mum doesn’t think so and says it’s a waste of her money. I’m so fed up with the days of admin!! At the end of the day, I don’t care if it sells or not - all the money will be used for care home fees. Why is everything so hard?
I think I may have to pay - very grudgingly!

As daft dad stated the care home manager can carry out a capacity assessment BUT this is not a legal statement,only a Dr can do a legally accepted statement, this can be a regular GP or the best is a memory specialist which under the NHS is not chargeable but it my take a few weeks.

 

[nitram]

Turns out the GP will not sign.

Try an independent social worker and a COP 3

 

[Unknowndaughter01]

Turns out the GP will not sign.
What would happen if I walk away from it all?
It’s not benefiting me at all as all the funds realised will be used up on care home fees.
I assume the care home would pursue Mum as an individual - legally none of this is anything to do with me - I’m just the one spending days trying to sort it/the house/estate agents!

Does your mum have a social worker?

 

[nitram]

What would happen if I walk away from it all?

You will get a solicitor's invoice for work done.
Either get agreement to wait till LPA arrives or try independent social worker.

 

[StressedDaughter]

You will get a solicitor's invoice for work done.
Either get agreement to wait till LPA arrives or try independent social worker.

Is an independent social worker a private one? How do I go about finding one. GP recommended Citizens Advice - would they have a number for an independent one please?

 

[StressedDaughter]

Does your mum have a social worker?

No - local authority said she didn’t need one as self funding and they are too busy to deal with self funders.

 

[StressedDaughter]

As daft dad stated the care home manager can carry out a capacity assessment BUT this is not a legal statement,only a Dr can do a legally accepted statement, this can be a regular GP or the best is a memory specialist which under the NHS is not chargeable but it my take a few weeks.

Apparently the GP says they can’t as they don’t have the appropriate insurance for statements for house/solicitor matters!

 

[Andrea.]

I agree but in Mum’s eyes she doesn’t see the need! I have asked the solicitor how much they will charge to assess her - but I think it may be more than £200. I could in theory wait for the LPA - we had the 4 week cooling off period finish about 4 weeks ago so fingers crossed it shouldn’t be too much longer.
My main grumble is that none of this was mentioned at the outset - but that’s for me to take up with the new conveyancer. If fact I was assured it would be fine - unfortunately not in writing.

Hi stressed out daughter, can't really add anything to the MCA thing but just wanted to say that we just did an LPA and it arrived exactly 4 weeks after the letter saying it will take 4 weeks. If you applied online, if you haven't already done so, go back in and see if your status has changed from 'checking' to 'processed'. Our registration arrived about 3 days after it said it was processed. So maybe you will get a little bit of luck. Keeping my fingers crossed for you!

 

[Jessbow]

Hang fire until th LPA arrives, you are tying yourself up in knots
You say yur Mum has capasity
Yet you have activated LPA- presumably because you dont think she has

How near completion are you?

 

[nitram]

Is an independent social worker a private one?

Yes

How do I go about finding one.

Click >here<

 

[StressedDaughter]

Hang fire until th LPA arrives, you are tying yourself up in knots
You say yur Mum has capasity
Yet you have activated LPA- presumably because you dont think she has

How near completion are you?

Her LPA doesn’t require lack of capacity to act - it is an option - it’s not practical to manage things due to mobility issues. I check the status online every day - it’s still ‘checking’. I just wish the solicitor had raised the issue earlier as this is the final stages of the sale and I don’t want to lose the buyer and have to start over.
I read on here often how hard it is to get someone deemed as having ‘lack of capacity’ even if relatives think they have - it’s all so difficult for carers every way. But I think I need to have a few days away from thinking about it because I am tieing myself in knots as you say.

 

[StressedDaughter]

Yes

Click >here<

Thank you

 

[nitram]

Thank you

Also trawl through

find an independent social worker - Google Search

 

[StressedDaughter]

In an odd turn of luck, I log in to Mum’s medical records for something else today and there is an attachment of a ‘to whom it concerns’ letter confirming capacity! Confusing but all part of the general runaround you seem to get. Solicitor now happy.