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Independent Mental Capacity Advocates -- opinions sought

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.
 

Wirralson

Account Closed
May 30, 2012
658
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.

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
 

garnuft

Registered User
Sep 7, 2012
6,583
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.
 

Saffie

Registered User
Mar 26, 2011
22,512
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.
 

garnuft

Registered User
Sep 7, 2012
6,583
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.
 

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.
 

Norfolkgirl

Account Closed
Jul 18, 2012
514
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.
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.
 

Wirralson

Account Closed
May 30, 2012
658
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.
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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