Attorney accused of depravation of assets

September 1933

New member
Nov 11, 2023
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I am my dad's Attorney I have looked after him for 10 years. In Jan 2022 he was admitted to hospital, his mobility had declined and the occupational therapist said it wasn't safe for him to return home. He stayed there for six months ( bed blocking) The social worker wanted to discharge him . A best interest meeting was arranged and a advocate was appointed It was decided that Dad would go in to temporary care is wish was not to go to a care home. The doctor said he had fluctuating capacity and could make a input in the desion. I owned a home that had been rented the tennant s were being evicted for not paying rent for 4 years antisocial behaviour and damage to property they up and left! It was agreed that I would do the work to the property and my father would move into it along with my family. We done a section of the house as space for him with a bedroom, wet room, small living room and kitchen I also bought a n electric bed and chair as the plan for that he would receive a care package when this was completed. I used some of my father's money from his account we tried to have a disabled grant but we didn't meet criteria.( in all the time I have looked after him I haven't had care givers allowance or any help or touched his bank account not for a penny and with my father's blessings began work .
On completion of work day had been in a LC home for 6 months temporary. Another meeting was arranged it was decided that he enjoyed the social interaction and felt safe and happy and it would be in his interest to stay. I was given a financial assessment 4 months later asked for statements from the time he had become permanent . He was classed as self funding as he owns his own property and was going to enter in to a deffered payment plan to cover until his property has been sold.
This was 10 months ago I have now been asked for more bank statements going further back to when he was in hospital including my father's and my own. And I have been accused I'd depravation of assets because we used some of my father's money to help bring him home. I am genuinely in shock and upset . I have been told that I could lose my LPA and have to pay this money back . Any advice please
 

Izzy

Volunteer Moderator
Aug 31, 2003
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Dundee
Welcome to the forum @September 1933.

I’m sorry to read about your situation. You might find it helpful to talk to someone on the support line about it-

 

sdmhred

Registered User
Jan 26, 2022
2,152
0
Surrey
Chat to the support line, and try to dig out anything you have in writing that demonstrates the plan was to bring him home and you were doing the essentials needed. One department never speaks to the other so the onus will be on you to show you were following the care plan at the time and SS were in agreement. Wrong as it is this is the malfunction of the system.

Everything should also be recorded in his SS notes - they can be accessed via request.

As @Izzy says get some support - citizens advice bureau may also be able to help and contact SS on your behalf,
 

September 1933

New member
Nov 11, 2023
8
0
Chat to the support line, and try to dig out anything you have in writing that demonstrates the plan was to bring him home and you were doing the essentials needed. One department never speaks to the other so the onus will be on you to show you were following the care plan at the time and SS were in agreement. Wrong as it is this is the malfunction of the system.

Everything should also be recorded in his SS notes - they can be accessed via request.

As @Izzy says get some support - citizens advice bureau may also be able to help and contact SS on your behalf,

Thank you for your advice I really appreciate it. I didn't know where to start I feel in a state of shock to be honest
 

Gosling

Volunteer Host
Aug 2, 2022
1,712
0
South West UK
Gosh @September 1933 , I too am sorry to read about your situation. I just wanted to also welcome you to this forum, where you will always find support and understanding.
You have already had some good advice, so I just want to wish you strength to get through this particularly challenging time.
 

Jessbow

Registered User
Mar 1, 2013
5,710
0
Midlands
Did you use very much of your fathers money- and can you justify it? If so, it shouldnt be too much of an issue.

Where did you father live prior to going into hospital? in his own property?Has that been sold? Surprised anyone is interested, as long as he can pay his way. it does all sound very complicated
 

Palerider

Registered User
Aug 9, 2015
4,168
0
56
North West
I am my dad's Attorney I have looked after him for 10 years. In Jan 2022 he was admitted to hospital, his mobility had declined and the occupational therapist said it wasn't safe for him to return home. He stayed there for six months ( bed blocking) The social worker wanted to discharge him . A best interest meeting was arranged and a advocate was appointed It was decided that Dad would go in to temporary care is wish was not to go to a care home. The doctor said he had fluctuating capacity and could make a input in the desion. I owned a home that had been rented the tennant s were being evicted for not paying rent for 4 years antisocial behaviour and damage to property they up and left! It was agreed that I would do the work to the property and my father would move into it along with my family. We done a section of the house as space for him with a bedroom, wet room, small living room and kitchen I also bought a n electric bed and chair as the plan for that he would receive a care package when this was completed. I used some of my father's money from his account we tried to have a disabled grant but we didn't meet criteria.( in all the time I have looked after him I haven't had care givers allowance or any help or touched his bank account not for a penny and with my father's blessings began work .
On completion of work day had been in a LC home for 6 months temporary. Another meeting was arranged it was decided that he enjoyed the social interaction and felt safe and happy and it would be in his interest to stay. I was given a financial assessment 4 months later asked for statements from the time he had become permanent . He was classed as self funding as he owns his own property and was going to enter in to a deffered payment plan to cover until his property has been sold.
This was 10 months ago I have now been asked for more bank statements going further back to when he was in hospital including my father's and my own. And I have been accused I'd depravation of assets because we used some of my father's money to help bring him home. I am genuinely in shock and upset . I have been told that I could lose my LPA and have to pay this money back . Any advice please
Hi @September 1933

This sounds like someone is being a jobsworth, but you do have to take this seriously as LA financial assessors don't work in isolation and will have contact with other members of the LA community team. I would tell the financial assessor you are not supplying any further bank statements until you have sought advice given they are making an assumption about your dad's finances at the moment. @Izzy has given the helpline number so please call this and explain your situation.

Just wondering if you have any documented proof around the discussions that took place about your dad coming to live with you and hence why you used his money (rightly) for his accommodation in the house, so they can't say you used his money entirely for your benefit which is what I suspect they are trying to assert -without any real evidence so far. Don't let them intimidate you, LA's are only interested in one thing -money and how to avoid the LA having to pay anything out, so please try not to feel as if your being persecuted, take a breath and seek some proper advice.
 

September 1933

New member
Nov 11, 2023
8
0
Did you use very much of your fathers money- and can you justify it? If so, it shouldnt be too much of an issue.

Where did you father live prior to going into hospital? in his own property?Has that been sold? Surprised anyone is interested, as long as he can pay his way. it does all sound very complicated

I have all recipients he lived at his own home it hasn't been sold yet but the council has put a charge on it for fees . Thank you for your reply
 

September 1933

New member
Nov 11, 2023
8
0
Hi @September 1933

This sounds like someone is being a jobsworth, but you do have to take this seriously as LA financial assessors don't work in isolation and will have contact with other members of the LA community team. I would tell the financial assessor you are not supplying any further bank statements until you have sought advice given they are making an assumption about your dad's finances at the moment. @Izzy has given the helpline number so please call this and explain your situation.

Just wondering if you have any documented proof around the discussions that took place about your dad coming to live with you and hence why you used his money (rightly) for his accommodation in the house, so they can't say you used his money entirely for your benefit which is what I suspect they are trying to assert -without any real evidence so far. Don't let them intimidate you, LA's are only interested in one thing -money and how to avoid the LA having to pay anything out, so please try not to feel as if your being persecuted, take a breath and seek some proper advice.
Thank you for your reply I have taken it on board I have been in turmoil since this happened ! It was discussed in a meeting at the hospital with a social worker from LA my Dad's advocate my self and a occupational therapist from the hospital . The outcome was he was discharged from hospital to temporary care until we could complete all the work I will have to access the record of the meeting with the LA as it should have been minutes but only the decision of where he should go was discussed not who would fund the work
Thank you 😊
 

Palerider

Registered User
Aug 9, 2015
4,168
0
56
North West
Thank you for your reply I have taken it on board I have been in turmoil since this happened ! It was discussed in a meeting at the hospital with a social worker from LA my Dad's advocate my self and a occupational therapist from the hospital . The outcome was he was discharged from hospital to temporary care until we could complete all the work I will have to access the record of the meeting with the LA as it should have been minutes but only the decision of where he should go was discussed not who would fund the work
Thank you 😊
I think what evidence you have around the discussion is relevant plus as you say there was no external funding forthcoming -so what are you supposed to do in someone's best interests? Make sure you get some advice though before you do anything else.
 

September 1933

New member
Nov 11, 2023
8
0
I think what evidence you have around the discussion is relevant plus as you say there was no external funding forthcoming -so what are you supposed to do in someone's best interests? Make sure you get some advice though before you do anything else.
Thank you so much it's really appreciated
 

September 1933

New member
Nov 11, 2023
8
0
Have you copies of documents from your grant application and correspondence?
No unfortunately I was told over the phone he doesn't meet the criteria for a grant but my father's advocate rung them too and she had the same reply and she has documented in her notes
 

Jessbow

Registered User
Mar 1, 2013
5,710
0
Midlands
if its taken 6 months, presumably its fairly extensive work.

how much ( as a rough %) of your fathers funds has it cost?
has it increased the value of your home ?

Has his own property sold yet?
 

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