Court of Protection

Emmaline

Registered User
Jul 2, 2012
9
London
Hi

I am challenging my mother LPA as the Attorneys (my sisters) are taking her money. I need an Assessment of Capacity completed by her GP to send to the Court. I have asked him if he will complete it but he says he is bound by a duty of confidentiality to my mother. Its a really nice letter and I know him well and know that he wants to help.

He says if the COP orders him to do it then he will.

However, I have read that the COP will not process any application unless the Assessment of Capacity is completed.

My sisters will not allow an independant assessor access to my mother (I am not allowed access )

I would be grateful for any help or guidance

Thank you
 

jenniferpa

Registered User
Jun 27, 2006
39,448
Hi and welcome to Talking Point.

Have you already been in touch with the Compliance and Regulation Unit of the Office of the Public Guardian?

The other alternative, if you believe that the existing attorneys have committed a criminal offence is to contact the police and/or your local adult safeguarding department (under social services).
 

Emmaline

Registered User
Jul 2, 2012
9
London
Hello Jenniferpa

Thank you for replying.

I have been in touch with the OPG and they say they cannot help -


Following a complaint to you regarding my mother, Mrs ........., I was very disappointment to receive your reply which I have attached.


Your reply references to MR .......... and my FATHER throughout the letter, there are numerous spelling and grammatical errors and you have spelt my name incorrectly. For a government department to turn out such a letter is staggering and frankly appalling.


Aside from that your letter states -


1. The OPG has no jurisdiction over the day to day execution of power of attorney

And

2. The OPG is limited to matters of financial or physical abuse committed by an attorney……..

I had written to you to complain that my MOTHER Mrs ...... is being subjected to financial abuse by the attorneys and they are not carrying out their fiduciary duty


I have also contacted SS twice and all i get is a shrug of the shoulders.

2 years ago my sister turned up out of the blue after 20 years away. Within a few months my EPA is overturned, my mothers will is changed and I am no longer executor, the solicitors she has used for over 40 years has changed and she and another sister have LPA.

The certificate provider for the LPA is an elderly retired bookkeeper who lives next door ( and mum didn't even like her and would never tell her anything) and certainly would not have the skill, capability of knowledge of my mother to certify her.

I have my mothers bank statements and enormous amounts of money is going out of her account. I used to do all her banking for her so know how much she used to spend before my sister moved in with her.


Mum is now completely demented (I am not allowed to see her even though I used to live with her till my sister turned up) and I seem to be fighting all corners and losing!

I have reported it all the the police 2 weeks ago and heard nothing. I have documented proof of the theft but no one will listen

Thanks for listening
 

Justice2012

Account Closed
Aug 25, 2012
53
I do not know who you spoke to in SS. In view of the extreme actions and inactions that SS's tend to take with regard to safeguarding alerts, you have demonstrated this well here, I would suggest you find out who is the chair of the local adult safeguarding board or head of safeguarding in your local authority and write and tell them what you have posted here.

It is the duty of local authorities to investigate allegations like yours. In my experience (and that of many others) they are inconsistent in what to do and sometimes things can go completely in a way you would not expect for any 'skilled professional'.
 

Emmaline

Registered User
Jul 2, 2012
9
London
hello Justice2012

I have had one face to face meeting and one phone call - no result

However, I will do as you suggest and let you know

Thank you for your reply
 

Saffie

Registered User
Mar 26, 2011
22,506
Near Southampton
Your LA Adult Services committee should have an elected councillor on it. Could you somehow find out who that is? That person is there representing his electors so should support you. Your county Councillor would be able to direct you to the right person.
 

Justice2012

Account Closed
Aug 25, 2012
53
hello Justice2012

I have had one face to face meeting and one phone call - no result

However, I will do as you suggest and let you know

Thank you for your reply
Just a caution- proving financial abuse in family scenarios is considered difficult, especially when siblings are adversarial about finances of parent/ attorney situation etc. You may need to have good evidence that your mother is having money taken which she has not agreed and/or is not being used to benefit her. The posts on TP show there are a often these family disputes where relatives are at loggerheads.
 

Emmaline

Registered User
Jul 2, 2012
9
London
Thank you both for your replies

Justice, the proof I have can leave no doubt and i am finding out how difficult it is. However, i have to try and do this.
 

Emmaline

Registered User
Jul 2, 2012
9
London
HI Scatterbrain
Thank you for your reply

I have progressed quite a bit thanks to the advice I have received on here.

I have a meeting in an hour with SS, the police still haven't got back to me though!

I have submitted an application the Court of Protection to have the LPA overturned, due to theft by the attorneys. However that gives me another problem.

I have to 'serve' my mother with the documents regarding the Court of Protection and try to explain what is happening. I am not allowed access to her. My son doesn't want to do it and I cant say I blame him really.

Does anyone know where I might find a litigation friend? Can you 'employ' one?

Many thanks

Emma
 

FifiMo

Registered User
Feb 10, 2010
4,710
Wiltshire
Well done Emma and you should be proud of yourself that you have the courage of your convictions to stand up and protect your mum. She is lucky to have you on her side.

You could phone up a local solicitors and ask them how to go about serving a notice to someone. If it is a court order then perhaps the police would help?

Fiona
 

Emmaline

Registered User
Jul 2, 2012
9
London
Gosh - the meeting with SS did not go at all well. The SS maintained that my mother was still mentally capable and still had mental capacity. They went to see her and even though she doesn't know anything about her money, how much she has and how much is being spent, she is OK enough to have mental capacity

My mother wrote last month that she was being locked in bed and couldn't get out and the nurses wouldn't help her. According to SS the fact that she was able to compose a letter meant that she was mentally OK!

I said ' are you telling me that an old lady who thinks she is locked in bed and no-one will help her out still has mental capacity to manage her finances and is mentally OK?' she said yes....

This SW knew nothing about LPA's and got muddled over the registration process. She said something about as soon as my mother was mentally incapable then the attorneys would have to follow the guidelines for attorneys fiduciary duties - but until then they can do as they wish. That process will be decided by a court and the attorney would have to go to the court of protection for the additional powers. Have I got it wrong?

The LPA has been registered

I am a bit depressed and seem to be going round in circles and no one will listen.

I found this - this lady is mildly demented. It is exactly my situation

My elderly mother named me as her attorney several years ago when together we set up an Enduring Power of Attorney so that I could manage her financial affairs.
My brother now tells me that he is in charge of my mother's finances as a result of setting up a new Lasting Power of Attorney arrangement last month without my knowledge. He claims that the old EPA has no validity as it was never registered.
My brother has a record of bad debts, partly due to failed business ventures, and I am worried that my mother's money is no longer safe. She is 84 and suffering from a mild form of dementia. Is there anything I can do to stop this? Mrs P.M., Preston, Lancs

Peter Walker is a partner and head of the trusts and probate department at London law firm Anthony Gold. He is also a Property and Affairs Deputy appointed by the Court of Protection. He replied:

You need to immediately instruct solicitors to contact the Court of Protection investigation section on your behalf. The solicitor can explain your concerns and ask them to investigate. This can also be done without the services of a solicitor if you feel confident to explain the position clearly
You can challenge the Lasting Power of Attorney on the basis that your brother is not a suitable person to act as the attorney due to his financial history. There also appears to be some question as to whether your mother had capacity to create the Lasting Power of Attorney.
Your brother is saying the Enduring Power of Attorney has no effect as it was not registered with the Court. Registration only becomes necessary if your mother was close to or has lost mental capacity. If your mother has lost mental capacity it is doubtful whether she had mental capacity to create the Lasting Power of Attorney. If she did, then the Lasting Power of Attorney does not override the old Enduring Power of Attorney unless it expressly contains a statement cancelling the earlier document.
The Lasting Power of Attorney must contain a statement by a professional with experience in assessing capacity, such as a solicitor, barrister or doctor or two independent people who have known her for years and are prepared to vouch that at the time the document was signed by your mother, she fully understood what she was signing. Arguably in this case, she was giving power to her son having given previous authority to you.
A Lasting Power of Attorney does not come into legal effect until it is registered with the Court of Protection, which takes the Court at least 10 weeks to complete. When lodging, your brother has to confirm he has served notice on up to four close relatives or other persons interested in his mother's care. Your mother could have decided she did not want you to be served which would be suspicious in itself, and in which case additional formalities would have been completed when the document was signed.
You should ask your brother for a copy of the court sealed document, which you are entitled to see, from which the situation regarding apparent service of the application and who completed the certificate of capacity, will be clear. Further enquires can then be raised with those providers and whoever oversaw the application to the Court or any solicitor involved in the original preparation, as to whether the existence of the EPA was disclosed.


Sorry to have gone on

Emma