Is it possible to get a private assessment for the OPG?

Unique26

New member
Oct 17, 2019
4
0
Hi all

You all offered such great advice previously. However i have now ran into a roadblock with the GP. Any advice would be much appreciated.

Here is a summary.

1. My father has onset of dementia and also has clinical paranoias which is all based around his finances. He has been formally assessed under section 2 but not deemed to be at risk of harming himself or others so was not detained, although they acknowledge that he needs help.

2. My father is in complete denial that there is a problem and will not accept help or take the prescribed tablets

3. I have both financial and wellbeing lasting POA but if i use it my father will cancel it.

4. Dads is now at significant risk of being scammed and loosing physically his money as he is now carrying all docs with him and leaving the bag in public places due to memory issues etc (significant amount)

I spoke to the OPG who were great in advising that they need a letter from his GP to stop him cancelling it as soon as i s use the LPA to speak to the banks etc to ensure his money is secure. However the GP is not helping? (see his response below). Is there a way I can get a private assessment as i am now stuck?

Copy and past of letter sent to the GP-

"Unfortunately dads mental health has continued to go downhill. Over the last month he has had issues with Barclays, Natwest, Santander, his Finacial Advisor, Cruising club, and EE. He is paranoid that the banks are stealing his money and is visiting them on almost a daily basis. He is carrying all of his finacial documents with him in a carrier bag and due to his poor memory he often leaves it behind (he has done this in both the police station and bank). He is at significant risk of being scammed or having his money stolen. Moreover he is cancelling all of his insurances and taking out new phone and electricity contracts when he is already under contract. He thinks he is saving a few pounds but it's actually costing him hundreds. He is now trying to foreclose on the banks and withdraw hundreds of thousands of pounds which we believe he will try and keep with him.

He is clearly no longer able to manage his financial estate and as a family we now believe that it is time to secure it even though it will be against his will. As you know. He is in complete denial that there is an issue and will not accept help.

As soon as we use the LPA he will contact the OPG to cancel the order and will go to the bank and undo everything we have done to make his estate secure. I have taken advice from the OPG. They say we can use the LPA without a letter from his GP. However, if we send them a letter letter from his GP stating that he does not have the mental capacity to manage his finances they will not let him cancel the LPA and undo all of the positive things we have put in place to safeguard his finances.

He is still able to cook, clean and manage his daily living so this area remain unaffected.

Should you need supporting evidence from the banks or dads financial advisor I can request these as they are also worried about him. I have attached a letter dad has recently and sent to Canada Life as an example of his lack of capacity. Naturally the allegations are completely untrue, dad simply forgot that this is what he had done a few months earlier. This letter caused his finial advisor lots of problems assail allegations need to be investigated no matter how untrue they are. There are similar issues being created for members of staff at Santander, Barclays and Natwest banks who dad has also falsely accusing of stealing money.


REPLY FROM GP

Thank you for your email concerning your father. I have checked with my Medical Defence Union concerning my competency to carry out an assessment for your father, please see below their statement to me.


Having spoken to the Medical Defence Union on 29.10.19 and according to GMC regulations, I do not have the competency to carry out an assessment on the ability of your father to manage his finances or make any pronouncement on his ability to manage his finances.’


Even if I had the competences required by the GMC, I still have to let your father know why I am assessing his capacity, which will be contrary to your last paragraph in your email.


I have also been advised that you have Lasting Power Of Attorney for his finances; you should be able to use this if convinced that your father lacks capacity and if he cancels the Lasting Power of Attorney then this should be taken up in court to redress the situation. I have been advised that the right person to carry out this assessment is a psychiatrist.


With that being said, I have checked your fathers medical notes and see that on 20.03.19 an assessment under Mental Health Act 1983 was carried out by myself at your father’s home – below are my findings at this time: -


It is evident that Mr experiences delusional thoughts regarding his finances and other belongings, however, at the time of the assessment being carried out under the Mental Health Act 1983 Mr xxx did not appear to be suffering from a mental disorder of a nature and degree which warranted detention in a hospital in the interest of his own health or the safety or with a view to protection of other persons.


A Mental Health Act 1983 assessment was also carried out on 14.11.2018 with similar presentation.



Any advice would be much apprecoiated as I now do n to know which way to turn to help dad....
 

nitram

Registered User
Apr 6, 2011
30,320
0
Bury
It would be best to provide the OPG with proof of incapacity on a completed COP 3
https://assets.publishing.service.g...oads/attachment_data/file/687945/cop3-eng.pdf

If you do a Google on
private cop3 assessment uk
you will find details of people who offer private capacity assessments.

Mr xxx did not appear to be suffering from a mental disorder of a nature and degree which warranted detention in a hospital in the interest of his own health or the safety or with a view to protection of other persons.

Many people do not have capacity to fully handle their own affairs and are not detained under section. Totally different level of testing.
 
Last edited:

canary

Registered User
Feb 25, 2014
25,083
0
South coast
GPs in general do not do mental capacity tests.
You can get independent capacity assessors who can do this.
TBH it doesnt sound to me as though he does have capacity to manage his finances.
 

Member65566

Registered User
Apr 21, 2017
47
0
I would suggest your father, going by your letter to GP, has no longer the capacity to manage his financial affairs. As POA I would suggest implementing control as soon as possible as you have a requirement to safeguard his financial situation. Of course your father will not be happy however I would try and reason with him in terms of how this will impact him in the future. Make notes and logs of your reasoning for registering the POA should he attempt to resist it.
Good luck OP, I think you’re going to need it but you’ve done the right thing making contact with his GP. I think this is your decision but just make sure you back it up with your own perspective.
 

Shedrech

Registered User
Dec 15, 2012
12,649
0
UK
hi @Unique26
I'm thinking, what would I do were this my parent ...
do you sincerely believe that your dad no longer has capacity sufficient to manage his own financial and property affairs?
(which is different from being frustrated and worried that he is making 'bad' decisions, which we all have the 'right' to do)
if so, personally I would step in and take over management of his finances .... accepting that your dad may raise objections ... if you act quickly, you may be able to sort out a lot of the problems so he's less able to put his finances at risk ... so work out a plan of action before you begin
should your dad then contact the OPG the matter will have to be investigated and dealt with by them ... I don't think it's as simple as your father writing to them and immediately you are no longer able to act as his Attorney ... however, his finances may be 'frozen' whilst they are investigated ... have all your evidence ready (you seem to have a lot) so you have it immediately available if you are questioned
unfortunately, whatever you do or don't do, this isn't going to be easy to sort out