This must be a very common situation but nevertheless would appreciate the thoughts from the collective wisdom of the forum. A long story but will attempt to summarise.
An elderly relative, a life-long bachelor, was admitted to hospital in 2011 suffering depression and self-neglect. He is eventually diagnosed with (presumably early stage) vascular dementia and a few other relatively minor medical conditions. The family perhaps does not fully appreciate the potential legal ramifications of the diagnosis but is fully focused on providing immediate support, dealing with the here-and-now.
On discharge he convalesces in a care home for several months and makes significant physical and mental improvements but still somewhat frail. Demonstrating good mental capacity he expresses a desire to return to independent living. However his home is in a poor state of repair and not modernised since 1970’s with round pin sockets, wiring not compliant with current safety standards, barely functioning solid fuel heating system, single glaze metal frame windows, steep staircase, high maintenance garden etc. Really not suitable for a frail pensioner to inhabit especially in forthcoming winter months.
So the family assists to identify a modern properly pensioner-adapted bungalow on a warden supported site located within half mile of old home. Elderly relative is happy to move in and understands his old home must be sold, a financial value is agreed but sale not immediately executed.
Elderly relative enjoys two years of independent living managing his own affairs, shopping for biscuits etc., and maintaining the small garden with minimal support. Then he suffers a decline in physical and mental health (said to be a characteristic step change with vascular dementia) and finally accepts to return to a care home with the understanding to dispose of the bungalow. Communication/understanding became more difficult but the sale of both properties is finally completed with family support and patient discussion.
Some months later elderly relative suffers a further decline and the family now accept that he lacks mental capacity and apply for deputyship with CoP. The submission is currently at pre-hearing stage. However the CoP is challenging the sale of property subsequent to a dementia diagnosis and we are concerned the whole process could descend in to a protracted and unpalatable dispute.
With hind-sight the family may have taken a different approach but the focus was always on the immediate care concerns. The CoP application now looks a nightmare-bureaucratic sledgehammer to crack a small nut of sorting out a few accounts. The family would withdraw the application but that does not appear feasible. Please advise how to respond to the CoP and what options and outcomes are possible.
appreciate your thoughts and comments, thank you.
An elderly relative, a life-long bachelor, was admitted to hospital in 2011 suffering depression and self-neglect. He is eventually diagnosed with (presumably early stage) vascular dementia and a few other relatively minor medical conditions. The family perhaps does not fully appreciate the potential legal ramifications of the diagnosis but is fully focused on providing immediate support, dealing with the here-and-now.
On discharge he convalesces in a care home for several months and makes significant physical and mental improvements but still somewhat frail. Demonstrating good mental capacity he expresses a desire to return to independent living. However his home is in a poor state of repair and not modernised since 1970’s with round pin sockets, wiring not compliant with current safety standards, barely functioning solid fuel heating system, single glaze metal frame windows, steep staircase, high maintenance garden etc. Really not suitable for a frail pensioner to inhabit especially in forthcoming winter months.
So the family assists to identify a modern properly pensioner-adapted bungalow on a warden supported site located within half mile of old home. Elderly relative is happy to move in and understands his old home must be sold, a financial value is agreed but sale not immediately executed.
Elderly relative enjoys two years of independent living managing his own affairs, shopping for biscuits etc., and maintaining the small garden with minimal support. Then he suffers a decline in physical and mental health (said to be a characteristic step change with vascular dementia) and finally accepts to return to a care home with the understanding to dispose of the bungalow. Communication/understanding became more difficult but the sale of both properties is finally completed with family support and patient discussion.
Some months later elderly relative suffers a further decline and the family now accept that he lacks mental capacity and apply for deputyship with CoP. The submission is currently at pre-hearing stage. However the CoP is challenging the sale of property subsequent to a dementia diagnosis and we are concerned the whole process could descend in to a protracted and unpalatable dispute.
With hind-sight the family may have taken a different approach but the focus was always on the immediate care concerns. The CoP application now looks a nightmare-bureaucratic sledgehammer to crack a small nut of sorting out a few accounts. The family would withdraw the application but that does not appear feasible. Please advise how to respond to the CoP and what options and outcomes are possible.
appreciate your thoughts and comments, thank you.