Hi there. new poster and already asking questions
My gran passed away in April.I am her FPR and executor. she had mental illness and died at 94 from her dementia but has been subject to court of protection since 1994 when she was admitted to 24 care. at the time I was too young to apply to be deputy and as my mam lacked capacity she was advised to allow cop to act in my grans best interests which has been helpful to a point, however approx 5 years ago, a former social worker contacted me and told me that she had been wrongly paying for care between 1994 and 2001 when she should have been funded but the cost of this would be calculated and reimbursed at the time when she no longer required care I.e the time of death. I was never given the option to apply for deputy (which i would have done if suggested) and so was lead to believe this would have been either dealt with at the time of death or done automatically. in April she died with a DOLs in place which was horrendous as it was also a bank holiday so she was pretty much put in a fridge for almost a week despite me paying for her funeral care in advance and since then Court of protection have been almost impossible to contact other than one occasion which i have now been invoiced for. My question is, given that there was a time limit on care home fee claims before 2012 which I had no reason to be aware of, should her deputy not have attempted to contact me or claim this for my gran herself within her duties? I have no idea what's been allowed to go on but think that is a very large sum of money to be ignoring that she has actually had taken directly from her assets without me being aware of or giving me a chance to query.
I'd appreciate any help whether support or legal knowledge as I have 2 of her great grandchildren who I am sure would have appreciated the money she has spent if it had been made clearer at the time.
My gran passed away in April.I am her FPR and executor. she had mental illness and died at 94 from her dementia but has been subject to court of protection since 1994 when she was admitted to 24 care. at the time I was too young to apply to be deputy and as my mam lacked capacity she was advised to allow cop to act in my grans best interests which has been helpful to a point, however approx 5 years ago, a former social worker contacted me and told me that she had been wrongly paying for care between 1994 and 2001 when she should have been funded but the cost of this would be calculated and reimbursed at the time when she no longer required care I.e the time of death. I was never given the option to apply for deputy (which i would have done if suggested) and so was lead to believe this would have been either dealt with at the time of death or done automatically. in April she died with a DOLs in place which was horrendous as it was also a bank holiday so she was pretty much put in a fridge for almost a week despite me paying for her funeral care in advance and since then Court of protection have been almost impossible to contact other than one occasion which i have now been invoiced for. My question is, given that there was a time limit on care home fee claims before 2012 which I had no reason to be aware of, should her deputy not have attempted to contact me or claim this for my gran herself within her duties? I have no idea what's been allowed to go on but think that is a very large sum of money to be ignoring that she has actually had taken directly from her assets without me being aware of or giving me a chance to query.
I'd appreciate any help whether support or legal knowledge as I have 2 of her great grandchildren who I am sure would have appreciated the money she has spent if it had been made clearer at the time.