CoP worries pleae help

[Ruby78]

Hello everyone 😊

This is my first time posting on here and looking for some support please.

I was caring for my dad at home and SS placed him in a dementia nursing home against our wishes due to his carw needs (no POA). Either SS or NH messed up to start with because they registered him as not self funding in error. To cut a long story short over a year later, after SS threatening to report me for safeguarding due to our rent payments coming out of his account I'm at the stage of applying for CoP but feel a bit lost re a couple of things.

How quickly do they freeze the outgoings from the account after applying for deputyship?

My Dad owns a property with no mortgage but how do I deal with the property bills during the 18 months or so the CoP application is processing?

This has all been very stressful obviously Dad's care bill is not my debt but if I leave the NH and SS to deal with the arrears and ongoing car bill would they place a charge on his property or/and recoup the money in different ways?

Thanks in advance for your support

 

[Scarlet Lady]

Hi, @Ruby78 and welcome to the forum. I hope we’ll be of help and assistance to you. However, I have to admit to being a little puzzled at your situation. Forgive me if I’ve misunderstood, but you seem to be saying that your dad was moved to a nursing home by the local authority because it was deemed in his best interests to do so and they believed he wasn’t self funding.
However, he has a property which he owns outright, which presumably the LA has recently found about which changes the picture entirely. You say SS is going to report you for safeguarding issues over rent payments made? I’m sorry, but that doesn’t make sense to me. Rent payments on what? Who is applying for Deputyship here, you or the La?
Could you supply a bit more detail here? Sorry if I seem a bit obtuse.

 

[nitram]

I'm also confused

SS threatening to report me for safeguarding due to our rent payments coming out of his account I'm at the stage of applying for CoP but feel a bit lost re a couple of things.

How quickly do they freeze the outgoings from the account after applying for deputyship?

If this mean's that @Ruby78 's rent is being paid out of dad's (sole?) account this has to stop.
The LA can take immediate action against Ruby78 for financial abuse of her dad.

 

[Ruby78]

Thanks for the response so far.

So my Dad left his non mortgaged peooerty and moved into rented accommodation to be near family. As his condition was declining I moved in with him and cared for him until SS put him into care, as I had no PoA.. I was made to believe this was a temporary arrangement as both my Dad and me wanted him to be cared for at home.

I have since changed the rental agreement into my name and applied for deputyship myself but the LA have threatened safeguarding over the rent payments since he went into care. I have had unofficial authority from my Dad to manage his financial affairs for many years now.

I am planning to pay the care home fees via an emergency interim order on application of the deputyship. I just need to know how I cover the costs of the household bills on my dads family home whilst deputyship is processing, as I'm unable to cover these myself.

 

[nitram]

If you intend selling the house you should ask permission as an interim order.
Have you considered a deferred payment agreement?

You need to get legal advice on how to proceed?

 

[Jaded'n'faded]

the LA have threatened safeguarding over the rent payments since he went into care

I'm afraid that rent payments are down to you now, since your father was moved into care, so you'll need to pay the money back into his account.

Re. maintenance, etc, on his property, keep receipts for everything you pay then you can claim the money back once you have deputyship. But you shouldn't be touching his bank account for anything in the meantime. Your unofficial access is not legal.

 

[Scarlet Lady]

This seems a complicated situation, @Ruby78 . @nitram is right on both points: the possibility of deferred payment and the necessity of legal advice. There are lots of unanswered questions as to how long your father was living in rented property and what was happening with the family home in the meantime. There are legal questions that the forum are probably not in a position to advise upon. Better that you take professional advice.

 

[SeaSwallow]

I would agree with the other posters that this is a complicated issue and would suggest that you contact Alzheimer's Society for advice, Their number is 0333 150 3456.

Contact us

Find out how to get in touch with Alzheimer's Society by phone, email, post or online.

www.alzheimers.org.uk

Dementia support​

Call: 0333 150 3456
If you are affected by dementia, worried about a diagnosis or a carer, trained staff are ready to give you the support you need.

Opening hours: Mon to Weds: 9am – 8pm, Thurs and Fri: 9am – 5pm, Sat and Sun: 10am – 4pm

Please note: All calls with the Dementia Support Line are recorded for training and quality purposes.

 

[Jessbow]

You have to coverthehousehold bills, your dad isnt using gas & Electric in his former home so he doesnt pay for it. its one thing organising his money to pay his bills, quite another to use it to pay yours.
Does he own the first non mortgaged property? Who is living in that ?