How Long For Interim Deputyship Order & When To Complain

[monkeygirl15]

Hi Everyone

Firstly, thank you all so much for the support everyone gives on here. I don't know what I would do without it. So thank you

I have two questions - both surround the fact that I found out recently that my sister has taken or in her words (admitted via text) that she has "borrowed" literally thousands out of my mum's bank account. Totally emptying one and greatly reducing the other - which thank God I managed to "freeze" before more damage could be done.

I am left with no access to any money for my mum. I am real financial troubles myself - not helped by paying £800 out for the Deputyship Application. I have also applied for an Interim Order to access my mum's finances to pay for groceries and bills. I sent the application last week recorded delivery. I have rung a number of times and although the £800 has been taken from my account (leaving me overdrawn due to having to also buy my mums groceries) they say the application hasn't even been logged on the system. I rang the AS helpline in tears yesterday. They told me to ring and as for the Urgent Decision Manager - but when I did they said they only dealt with welfare but would ring back today with an update - needless to say no phone call. The best guideline I got was that it would take around 5 weeks for an urgent order - by which time I seriously will be in so much debt. So does anyone have any guidelines on how long an urgent interim order should take and any advice re. any ways to speed it u?. Should I employ a solicitor (more money I don't have) to speed it up??

Secondly, social services. Three weeks ago I reported the concerns re. financial abuse to them. I have repeatedly offered to send them copies of the statements that I have showing the withdrawls and screenshots of the text messages where my sister said had borrowed the money (which is fine - she can just pay it back then). Only today did they visit my mum to ascertain that she really doesn't understand anything about her money and doesn't have mental capacity. I have tried to be patient but to say their response is slow feels like an understatement. I emailed the social worker after today and asked what next and what timescale. Her answer was she was going on annual leave next week so couldn't give me any idea re. any timescales or what they would do next. Again I offered to send them the "evidence" - but no response. I do understand that people are under huge pressure. However, I work quite closely with child safeguarding and this kind of timescale feels way too long. My question here is, is this the time to stop being so nice and friendly and start kicking up a fuss? I've have tried to be patient. There have also been concerns raised by the carers that my sister had repeatedly not returned their emergency calls, had removed me as next of kin (so I never knew things were going wrong) and of course, taken thousands. In her email reply, the social worker said that at least what's left of my mum's money is safe and she is safe in her home (which is very questionable). Do I just go with it are start complaining?

Thanks for your advice and help

 

[Beate]

You say you have applied for deputyship so I guess no one has LPA? I'm not quite sure how you had access to her money and managed to freeze her account, but in any case, what your sister has done is theft and you can report it to the police. Maybe they can put pressure on SS too.

 

[nitram]

As you are applying to be a deputy it's fair to assume that nobody has LPA.

The COP will not be interested in anything that happened when neither an LPA or deputyship were in force.

Nobody will be interested in the 'loans' to your sister unless there is evidence that your Mum lacked capacity and did not know they were being made.

I think you have to put pressure on your sister.

 

[monkeygirl15]

You say you have applied for deputyship so I guess no one has LPA? I'm not quite sure how you had access to her money and managed to freeze her account, but in any case, what your sister has done is theft and you can report it to the police. Maybe they can put pressure on SS too.

No one had LPA - my sister managed my mums money to pay the bills etc after my dad died. I froze her account by ringing the bank with my mum there where she (quite miracolously) managed to answer the questions and say she was happy for me to speak on her behalf. I then explained the situation and the account was frpzen (except for direct debits so some bills will still be paid).

Re. the police, I did ring the police and they said it was a civil matter.

Thank you for your replies but no one has answered my question - how long does it take for an urgent interim order to be issued to allow bills to be paid and secondly, should I just go along with the current pace of SS?

Thanks

 

[jenniferpa]

This doesn't answer your "how long" question but I just wanted to check you have applied to become an appointee for your mother via the DWP? This would at least allow you to access your mother's state pension plus any benefits she might get. It's a much faster process than a deputy application.

 

[jenniferpa]

Another thing - you say you've paid £800. Does this mean you've applied for both finance and welfare? If so, are you aware that you are not only unlikely to get the welfare, you also cannot be reimbursed from your mother's money for that fee?

 

[Kevinl]

Sorry to say that no one knows. A straight forward application may take a few weeks but with the muddy waters of fraud/theft allegations who knows how long it may take?
I would say make sure you keep the messages where your sister says she has "borrowed" the money as, one day in the future she will have to repay the money to your mum's estate so keep it on record that she has called it a loan and not a gift or a present and if you can get her to put the amount in an e-mail or a message (or writing) that she has "borrowed" the money so I'll disagree with people who say that loaned/borrowed money might not get repaid when they have admitted it is a loan and not a gift (made with or without capacity) if the recipient has said they borrowed the money then it's an admission it has to be repaid.
The CoP are in a difficult situation, do they believe you, what do they believe what your sister might say? They, as a court need to establish the facts, it may be that they catch on to the urgency of your situation but "start kicking up a fuss", well as has been said the police may well take the view that it's a civil matter and social services, as your mum has money and owns a house are likely to see her as a self funder so not really their problem as they're unlikely to be involved in future funding they probably won't (as you've found out) be too bothered.
K

 

[monkeygirl15]

This doesn't answer your "how long" question but I just wanted to check you have applied to become an appointee for your mother via the DWP? This would at least allow you to access your mother's state pension plus any benefits she might get. It's a much faster process than a deputy application.

I didn't know that until I rang the AS helpline - so I realise now that is probably £400 wasted :-( I only put the welfare on in terms of making sure my mum takes her meds and attends docs appointments etc. I also only put meds on as the GP put on the Capacity form that my mum couldn't care for her own welfare. Wish I hadn't put it now. I wish a lot of things at the moment - including that I could be magically beamed to another planet where none of this nightmare existed. It's hard enough trying to support my mum with her dementia without what feels like a fight against a system :-(

 

[Dino]

Oh boy, so sorry this is happening, upsetting enough about your mum but these other things on top can feel like utter torture too.

I applied for Deputyship for my mum and put in an emergency interim order to be able to access mum's account, sent it in October 17th and received the next paperwork including interim order for the bank, 2 days ago. I live in the States though so it took 9 days to get here.

My brother had been Deputy and was up to no good (was stealing mum's money and tried to put her house up for sale illegally to get the money, before Deputyship) a total utter nightmare and he was not paying some of the nursing home bills so they are demanding the money.

As others have said, your sister admitted that money was a loan so there has to be something that can be done.

I will say, please take care of you, I swear I had several breakdowns from worry and upset about mum. This can really take it's toll on you.

Hope you receive the interim order soon.