I thought I had a reasonable grasp of the issue until I started to read the factsheets, Directgov stuff etc. in relation to our specific circumstances. Please can someone give me a steer as I am so confused.
OH has for many years had financial EPA for his mum but it has not been registered yet [with OPG, is that right?] He's seeing her solicitor soon to move that forward and get it registered. Last year MIL's solicitor said save your pennies until you feel she really lacks capacity to make financial decisions. Well she has for some while really but her affairs are straightforward and provided she has her shopping money she doesn't need to do anything else - OH has set up DDs and checks her accounts online. Other family members organise repairs, and do larger purchases at her request, and send OH details of funds to be reimbursed, and he keeps the receipts.
MIL is awaiting assessment by a social worker in hospital that should then link her to a Community Care assessment by regular SS. Stop me if I've got that wrong, but I think that's what will happen. Hospital staff are concerned about her level of confusion, have talked to her children and are keeping her in because of family concerns over her safety living alone. OK, that's great, everyone is helping us to fast-track getting her known by SS as a client or potential client. But, we worry about them trying to take over rather than just offering help or direct payments. Hence the need to get the EPA registered soon so they can't apply to get hold of her money.
What about welfare? There is no welfare EPA so what happens to get the deputyship and would it be wise to have more than one deputy so the process cannot fall down due to potential future incapacity of the deputy? If the financial EPA gets registered does this mean the same person is likely to be easily granted deputyship for welfare? Will MIL need to have a formal assessment of her mental state for this? We think the financial EPA can just get registered without someone having to tell her that she is officially bonkers, but maybe not?
This is all really basic stuff I know but I'm struggling to grasp it. OH relies on me to be the Talking Point junkie so I want to help him prepare for the meeting with the solicitor. We're not daft but find these people waffle on so much that it is hard to formulate a strategy during the meeting and then when you leave you have to try and explain the potted version to the rest of the family!
OH has for many years had financial EPA for his mum but it has not been registered yet [with OPG, is that right?] He's seeing her solicitor soon to move that forward and get it registered. Last year MIL's solicitor said save your pennies until you feel she really lacks capacity to make financial decisions. Well she has for some while really but her affairs are straightforward and provided she has her shopping money she doesn't need to do anything else - OH has set up DDs and checks her accounts online. Other family members organise repairs, and do larger purchases at her request, and send OH details of funds to be reimbursed, and he keeps the receipts.
MIL is awaiting assessment by a social worker in hospital that should then link her to a Community Care assessment by regular SS. Stop me if I've got that wrong, but I think that's what will happen. Hospital staff are concerned about her level of confusion, have talked to her children and are keeping her in because of family concerns over her safety living alone. OK, that's great, everyone is helping us to fast-track getting her known by SS as a client or potential client. But, we worry about them trying to take over rather than just offering help or direct payments. Hence the need to get the EPA registered soon so they can't apply to get hold of her money.
What about welfare? There is no welfare EPA so what happens to get the deputyship and would it be wise to have more than one deputy so the process cannot fall down due to potential future incapacity of the deputy? If the financial EPA gets registered does this mean the same person is likely to be easily granted deputyship for welfare? Will MIL need to have a formal assessment of her mental state for this? We think the financial EPA can just get registered without someone having to tell her that she is officially bonkers, but maybe not?
This is all really basic stuff I know but I'm struggling to grasp it. OH relies on me to be the Talking Point junkie so I want to help him prepare for the meeting with the solicitor. We're not daft but find these people waffle on so much that it is hard to formulate a strategy during the meeting and then when you leave you have to try and explain the potted version to the rest of the family!
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