Social services withholding monies

[Bernie333]

Thanks once again. I've spoken to 2 people now from LA finance and both were rude they are just focused on getting the money and not helpful in anyway. I will look into getting legal advice as that is probably the best way forward

 

[Palerider]

Thanks once again. I've spoken to 2 people now from LA finance and both were rude they are just focused on getting the money and not helpful in anyway. I will look into getting legal advice as that is probably the best way forward

My advice having had numerous altercations with the lead financial assessor is always to remember they are not representing you or your dad, they are represnting the State and they are not under any obligation to tell you your rights or legal standing only to coerce you into an agreement which you may not be able to fulfill either completely or partially

 

[canary]

My experience of the finance department is that they may be rude and abrupt, but they are fair.
Be careful of taking legal advice as it may well cost you and is unlikely to change anything.

 

[nitram]

He had not been assesed for fees as he refused to give his bank statements.

This is a crunch point.
If the LA consider he had capacity to make this decision it could class him as self funding.

Make sure you discuss finance with the finance section not social services.

Ask AgeUK or CAB for advise on how to proceed.

 

[Palerider]

My experience of the finance department is that they may be rude and abrupt, but they are fair.
Be careful of taking legal advice as it may well cost you and is unlikely to change anything.

Hi @canary I think in the circumstances and the abaitment this OP feels a small fee is worthwhile and it would be a small fee for when legal advice is best. We are free of any responsibility if we are not named and accepted execs of a Will. The OP is not happy with how they have been approached not knowing anything of what has gone before and I think they do need to settle their own mind on the matter as well as trying to do their best in settling a problem they did not have to undertake. It is clear that the estate did not amount to much from what has been said, so there is only one course of action if pursued by the LA and that is reconciliation of matters by taking advice and probably a legal letter to the LA.

 

[Bernie333]

Hi @canary I think in the circumstances and the abaitment this OP feels a small fee is worthwhile and it would be a small fee for when legal advice is best. We are free of any responsibility if we are not named and accepted execs of a Will. The OP is not happy with how they have been approached not knowing anything of what has gone before and I think they do need to settle their own mind on the matter as well as trying to do their best in settling a problem they did not have to undertake. It is clear that the estate did not amount to much from what has been said, so there is only one course of action if pursued by the LA and that is reconciliation of matters by taking advice and probably a legal letter to the LA.

Thanks palerider that's how I feel

 

[Palerider]

My experience of the finance department is that they may be rude and abrupt, but they are fair.
Be careful of taking legal advice as it may well cost you and is unlikely to change anything.

I just wanted to recount your closing scentence 'they are fair' -no they are not, they will not tell you your rights and won't even advise you to seek legal advice, they want to pin anyone down they can to pay the State and they are relentless in that even if they are wrong as my own story tells

 

[canary]

@Palerider - I can only recount my experience.
Im sorry that you have not found the same

 

[Palerider]

@Palerider - I can only recount my experience.
Im sorry that you have not found the same

I think in the scheme of things it is important not to assume only one outcome, we all have differing experiences of the system and no one view should be discounted without considering all others

 

[canary]

With respect @Palerider , I only ever said that it was in my experience. I never said (or assumed) that my experience was the only outcome - I was trying to encourage the OP that it may not be as bad as they feared because it was not inevitable that they would be treated unfairly, even if the financial department are rude

 

[MartinWL]

A lot of good advice bhas been given above but one point I would nlikebto make is that the cash in his wallet is part of his estate. Neither the care home nor the local authority is entitled to seize it without a court order, to pay for chiropody, care home fees etc. As @nitram rightly says there is an order of precedence. Of course if it is a small amount it won't be worth arguing over. In theory it is theft just as it would be if @Palerider owed me ten pounds and I decided to pinch a couple of fivers from his wallet.

 

[Jessbow]

It sounds like you hav a proper mess to sort out, one way or another.

Yoou mention that he was taken from his home ( with th prepay meters) to the nursing home- has that all been sorted out and handed back to the council or sold? I dont believe that , unless it was pre-arranged on discharge, that you are allowed any free ( unpaid) time. In effect he admitted himself to a care home- why would that be free?

I knew that my late mother would never qualify for any funded care, she was simply too wealthy, and to that end, i didnt agree to a finacial assesment ( Didnt want them knowing just how much money she did have! ) but understood that in declining the assessment would mean I/she would recieve no assistance with her fees. As it was she was granted CHC funding

 

[Bernie333]

my father rented with a housing association and this was signed over back to the housing association and was put under assesment as far as I'm aware in the care home as he had mobility issues and severe COPD and could not use the stairs. I'm not sure what happened I have just getting snippets of information. He also had mental health issues namely paranoia. It is a big mess and I'm trying to deal with it but its hard when I don't know what has been happening once being admitted to the care home.