Deputy Court of Protection

LAJ

New member
Nov 29, 2023
1
0
My 87 year old mum was formally diagnosed with dementia 18 months ago and due to a fall has spent 10 weeks in hospital, now having 4 carers a day. There are no POA assigned or a Will. I was advised that because of her deterioration (she cannot make decision in her best interest) that she can no longer agreed to a POA and I should go down the Deputy Court of Protection for her Finances. Today, her social worker, who confirmed healthwise she is not capable of looking after herself, forgets to eat, does get out of bed etc then asks my mum if she is willing to do a financial assessment to which my mum says no 3 times. To be fair I encouraged this to go ahead because my mum has loans against the house which she denies and they are calling them in. Anyway, after 10 minutes and only one assessment the social work states she is capable of making Financial decisions. I feel stuck with no options. She has a loan against the house and come the day she needs to pay for carers she says she won’t. Any guidance would be greatly appreciated
 

Bod

Registered User
Aug 30, 2013
1,947
0
Go ahead with the Deputyship application you will need this in order to help her later on.
In the mean time the Land Registry may be able to say if there are any charges against the house.

Bod
 

canary

Registered User
Feb 25, 2014
24,699
0
South coast
Hello @LAJ

I dont think I believe the SWs assessment of her capacity.
Id go for deputyship. As part of the application you would have to get a statement that she has lost capacity (COP3) and that might reassure you that you are doing the right thing. You would probably have to get an independent Social Worker to do the COP3

Contact Age UK or Citizens Advice for help with the form filling.
 

Jaded'n'faded

Registered User
Jan 23, 2019
5,222
0
High Peak
My 87 year old mum was formally diagnosed with dementia 18 months ago and due to a fall has spent 10 weeks in hospital, now having 4 carers a day. There are no POA assigned or a Will. I was advised that because of her deterioration (she cannot make decision in her best interest) that she can no longer agreed to a POA and I should go down the Deputy Court of Protection for her Finances. Today, her social worker, who confirmed healthwise she is not capable of looking after herself, forgets to eat, does get out of bed etc then asks my mum if she is willing to do a financial assessment to which my mum says no 3 times. To be fair I encouraged this to go ahead because my mum has loans against the house which she denies and they are calling them in. Anyway, after 10 minutes and only one assessment the social work states she is capable of making Financial decisions. I feel stuck with no options. She has a loan against the house and come the day she needs to pay for carers she says she won’t. Any guidance would be greatly appreciated
Clearly, your mother does not have capacity to make financial decisions!

However... if the social worker claims she does, why not get them to put that in writing so that you could get Power of Attorney, which is always preferable to becoming a Deputy.