Social Services - can they take on Deputyship?

[jeffers63]

Hello, I am new to this forum and seeking advice on when and if Social Services can assume the role of Deputyship when a dispute arises between siblings. Mum has Vascular Dementia and has been looked after at home for years, by a combination carers and my Sister. Mother owns her own house, but there is no PoA in place. Mum recently had a fall and was moved into a Care Home while her case was assessed by Social Services. It has been clear to me for sometime that she really needs full time care in a Care Home. Social Services have concluded the same thing and the report I have received from them makes this clear.

Now, my Sister is adamant that her Mum should return home. She made a promise to her Mother that she will not go into Care. However, another motive is to avoid the loss of the house, as this will be sold to pay the care home bills.

I think we have come to the end of the road regarding Caring for her at home, so I find myself on the side of Social Services, but in dispute with my Sister.

My question is, how will Social Services react to such a dispute? Is it in their remit to take on the Deputyship role themselves, appoint a Solicitor, sell the house and organise Care for Mother?
I am sort of hoping Sister will see reason in the end and that we can resolve situation ourselves, but I am doubtful.
Thankyou
Jethro

 

[canary]

Hi @jethropark and welcome to DTP.

Its actually the Court of Protection that will appoint the deputy.
If there is no-one eligible or willing to apply to the court for deputyship then Social Services will apply themselves and the Court of Protection will appoint a panel solicitor to become deputy.
If someone applies to become deputy for a relative, but there is a dispute in the family the court will hear the case and may either decide to appoint the person who applied, or may appoint a panel solicitor.
Either way, I dont think that your sister will be able to prevent the CoP appointing a deputy - it will just be a question of whether it is you, or a solicitor.

 

[nitram]

Does your mother have capacity?

If so it will be her decision unless that would mean that she would be in danger of harming herself and/or others.

If not the decision will probably be made by holding a best interests meeting, in extreme cases this can involve a COP ruling.

Deputyships for health and welfare are extremely rare the COP usually makes individual judgements.

A financial deputyship may be needed if your mother does not have capacity to grant an LPA.

 

[jeffers63]

Does your mother have capacity?

If so it will be her decision unless that would mean that she would be in danger of harming herself and/or others.

If not the decision will probably be made by holding a best interests meeting, in extreme cases this can involve a COP ruling.

Deputyships for health and welfare are extremely rare the COP usually makes individual judgements.

A financial deputyship may be needed if your mother does not have capacity to grant an LPA.

No, she does not have capacity

 

[nitram]

No, she does not have capacity

A best interests meeting is the accepted way of resolving disputes.

Making decisions for a person with dementia who lacks mental capacity

If a person with dementia lacks mental capacity to make a decision, the decision may have to be made for them. This decision should always be made in the person's best interests.

www.alzheimers.org.uk

 

[jeffers63]

Hi all, I have a supplementary question on this subject. If Social Services appoint a Solicitor and in effect take on the Deputyship role, sell the house and take control of any other assets, what happens to any money that is left over after Mother has died? Do the family lose any rights to it?
thanks

 

[nitram]

what happens to any money that is left over after Mother has died? Do the family lose any rights to it?

All assets will be distributed according to her will, if no will the law of intestacy will apply.

Deputyhip ceases at death.