Is Court of Protection Required?

Discussion in 'Legal and financial issues' started by emmawoolyback, Feb 1, 2016.

  1. emmawoolyback

    emmawoolyback Registered User

    Jan 27, 2016
    8
    Good morning everyone,

    I'm just trying to establish whether we need (or are likely to need at some point) a Court of Protection for my Nanna.

    She has had Alzheimers for around 12 years and lives at a Care Home permanently. She is under Section 3 and is therefore fully funded by the LA (my Grandad does not contribute anything towards her care).

    We do not have a Power Of Attorney and she is obviously not able to sign one at this point.

    As far as my Grandparents finances go, they own their own home which my Grandad lives in, hold a joint bank account (my Mum is also named on the passbook) and the only income that they receive is both occupational and state pensions each, my Nanna receives pension credit and my Grandad received attendance allowance.

    We recently had an issue regarding proof of her existence from an occupational pension provider which has hopefully now been resolved following some good advice from this forum but it did get me wondering if this is something which we need to obtain.

    Obviously it is quite costly and my Grandad is reluctant to pay for it if it is unlikely that it will ever be needed.

    Can anyone offer any advice?

    Many thanks!

    Emma
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,277
    Male
    North Manchester
    On first look applying for deputy does not seem necessary.

    Two points are worth considering however.

    Your Grandad could open a second account in his own name, transfer some funds into it and get his pensions and benefits paid into. This way if your Nana's condition causes the bank to freeze the account your Grandad would not have to worry about funds.

    If the section 117 funding was withdrawn there could be problems, how likely do you think this is?
    http://www.mind.org.uk/information-...lth-act/when-does-aftercare-end-and-who-pays/
     
  3. emmawoolyback

    emmawoolyback Registered User

    Jan 27, 2016
    8
     
  4. Beate

    Beate Registered User

    May 21, 2014
    11,746
    Female
    London
    You would be surprised, Emma. Funding gets withdrawn when conditions change for example aggressive behaviour gets managed properly in a care home. And while a managed need is still a need, lots of funding gets withdrawn when a patient no longer seems to be challenging. Their condition hasn't got better but their presentation has changed. So never rely on this funding to last forever please, as you could be in for a shock.
     
  5. nitram

    nitram Registered User

    Apr 6, 2011
    19,277
    Male
    North Manchester
    "My Nanna has been under Section 3 for several years (including all of the time that she has been residing at a Care Home).

    Obviously, her condition is only going to deteriorate from now on so I can't think of any reason why the funding would be withdrawn?"


    The free aftercare provided for someone on a section 3 is provided under section 117.

    The assessment is based on the outcome of a mental health assessment.

    A person can only be discharged from s117 as the result of a further assessment.
    If your Nana becomes immobile, passive, and unable to communicate in any manner I have no idea how her mental health would be assessed. A simple DOLS would enable her to be medicated.

    Currently both the NHS and LA will be contributing to the cost of her care, if she was discharged from s117 only the LA could potentially contribute unless CHC was obtained.

    In the current climate of NHS cost cutting I think you should be prepared for anything. You could contact http://www.mind.org.uk/ for info and advice.

    Others who have personal experience of s117 may be able to help.
     
  6. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,045
    Staffs
    The only problem I can see is if your Nanna outlives your Grandad or if he ever needed care himself and this meant having to sell the house.

    If any unfortunate/unforeseen circumstances do occur and you actually have to then apply for a CoP can you as a family cope with what could be financial difficulties during the many months it takes for it to get processed?

    Definitely get your Grandad to open a new separate account and do not be tempted to tell the old bank why.;)

    :)

    Edit. Also get PoA for your Grandad if it hasn't already been done.
     

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