Independent Mental Capacity Advocates -- opinions sought

Discussion in 'Legal and financial issues' started by Boldredrosie, Mar 10, 2015.

  1. Boldredrosie

    Boldredrosie Registered User

    Mar 13, 2012
    244
    Does anybody have an experience with getting an IMCA for their relative with dementia/Alzheimer's? If so, would you mind sharing your experience.

    I've been advised that if I was to sell the house my mother and I jointly own that even though I have PoA over her financial affairs that because I also have a share of the house, to sell it without her having an advocate could be construed as conflict of interest on my part.

    Any opinions, suggestions re IMCA would be welcomed.
     
  2. Wirralson

    Wirralson Account Closed

    May 30, 2012
    658

    I'm not sure how much relevance the IMCA would have here. Do you own the property jointly or in common? Simplifying things slightly, you have the right to force a sale (and take out your share) regardless. Your mother's share remains her share, and your duties as PoA holder in respect of that remain the same. An IMCA may have some role in looking at the latter (e.g. is the plan to sell one poreprty and buy another in both your names?).

    W
     
  3. garnuft

    garnuft Registered User

    Sep 7, 2012
    6,585
    Yes. WS, I don't think an IMCA is applicable but an independent advocate acting on behalf on your Mum is vital as it could be perceived that there is a conflict of interests.

    I think IMCA's are appointed for safeguarding issues, although litigation towards depriving someone of their home could be viewed as a safeguarding issue.

    If it was me I would seek advice from Carers UK, Age UK and CAB before I consulted a solicitor but ultimately I would expect to have to engage a solicitor to act on my mother's behalf.
     
  4. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,498
    Female
    Near Southampton
    I would contact the OPG for advice. I was my husband's Deputy and sold a holiday chalet we jointly owned so I don't know if it is different for LPA but I had to appoint a Trustee to act for my husband
    It didn't have to be a solicitor, just someone who has known you some time. I appointed a friend and I did the whole thing myself without a solicitor.
     
  5. garnuft

    garnuft Registered User

    Sep 7, 2012
    6,585
    As I understand it, it's property 2/3rds owned by Mum 1/3rd owned by OP, all still living in the same house.
    I think legal advice is required but it's just my opinion.
     
  6. Boldredrosie

    Boldredrosie Registered User

    Mar 13, 2012
    244
    thanks everyone. I think I need to look into this a little more. The solicitor I spoke to suggested the IMCA as someone who would protect Ma's interests, which I'm all for & I think she needs. Even though the nitwits at social services say she has capacity I think any solicitor would have a two minutes conversation with my mother and realise she had absolutely no capacity to enter into a contract of any kind.
     
  7. Norfolkgirl

    Norfolkgirl Account Closed

    Jul 18, 2012
    514
    Have SS conducted a mental capacity assessment? If yes, ask to see it. If not, they cannot conclude she has capacity without checking how they conducted such an assessment. In my experience a few SW lied about my mum's so that they could "wash their hands" of their duties and make life easier for themselves and so that my mum wouldn't come under the remit of safeguarding.
     
  8. Wirralson

    Wirralson Account Closed

    May 30, 2012
    658
    #8 Wirralson, Mar 12, 2015
    Last edited: Mar 12, 2015
    As you say, legal advice will be required in any case, but one point I was making is that the issue is not the proportions of ownership, but the manner (joint or in common)? One party can actually force a sale, or, if owned jointly can serve a notice doing what is callled "severing the tenancy" (tenancy here refers to ownership, not renting) which AIUI makes it possible to force a sale.

    W
     

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