Hi there
wondering if anybody has any advice or experience with Independent Mental Capacity Advisors?
In brief, in the house I live in with my teenager and my mother, who has moderate/severe dementia was bought by me, my dad and my mum ten years ago. At the time I did not know she had dementia (although I think my dad may have suspected something) although she's always been difficult and suffered both mental health & physical health problems. In hindsight it was one of the singularly most stupid things I could have done. Anyway, we are where we are and that place is that I simply cannot cope with living & caring for my mother any longer.
I've tried to get her support, use respite care etc but as she refuses to accept any help and the social workers have decided she's got capacity so is entitled to refuse a care package. I am totally out of ideas of how to free myself and my son of this awful situation & get the support for my mum she needs and deserves (I don't think she's changed her knickers in more than a month).
So I'm looking at the 'nuclear' option namely selling the house. I've taken some legal advice and the best option seems to be the following. Apply under the Trusts of Land and Appointment of Trustees Act 1996 for permission to sell the house. I own a third and since Daddy died Ma owns two thirds. Ma then appoints her own solicitors and engages an IMCA to protect her interests. I have PoA for her financial affairs and the solicitor believes that while selling the house my be in my mother's interests, I could be seen to have a conflict of interest because of my share of the house. I want to do what's right for all three of us.
I feel that if the house goes on the market, then perhaps social services and the doctors will actually address the fact that she's really, really deteriorating and needs proper support to live out the last years of her life in comfort and companionship, not in a house with a daughter and grandson who've lived with this situation for so long we're both now bonkers and totally beyond caring for her. As the kids would say: "I'm over it."
So, has anybody used an IMCA? Had to use TOLATA? If so would you mind sharing your experiences? Do send me a direct message if it's not the sort of thing you want on the msg board.
Thanks
wondering if anybody has any advice or experience with Independent Mental Capacity Advisors?
In brief, in the house I live in with my teenager and my mother, who has moderate/severe dementia was bought by me, my dad and my mum ten years ago. At the time I did not know she had dementia (although I think my dad may have suspected something) although she's always been difficult and suffered both mental health & physical health problems. In hindsight it was one of the singularly most stupid things I could have done. Anyway, we are where we are and that place is that I simply cannot cope with living & caring for my mother any longer.
I've tried to get her support, use respite care etc but as she refuses to accept any help and the social workers have decided she's got capacity so is entitled to refuse a care package. I am totally out of ideas of how to free myself and my son of this awful situation & get the support for my mum she needs and deserves (I don't think she's changed her knickers in more than a month).
So I'm looking at the 'nuclear' option namely selling the house. I've taken some legal advice and the best option seems to be the following. Apply under the Trusts of Land and Appointment of Trustees Act 1996 for permission to sell the house. I own a third and since Daddy died Ma owns two thirds. Ma then appoints her own solicitors and engages an IMCA to protect her interests. I have PoA for her financial affairs and the solicitor believes that while selling the house my be in my mother's interests, I could be seen to have a conflict of interest because of my share of the house. I want to do what's right for all three of us.
I feel that if the house goes on the market, then perhaps social services and the doctors will actually address the fact that she's really, really deteriorating and needs proper support to live out the last years of her life in comfort and companionship, not in a house with a daughter and grandson who've lived with this situation for so long we're both now bonkers and totally beyond caring for her. As the kids would say: "I'm over it."
So, has anybody used an IMCA? Had to use TOLATA? If so would you mind sharing your experiences? Do send me a direct message if it's not the sort of thing you want on the msg board.
Thanks