LA contacted for advise on funding asdisstance but took over payments without an instruction from myself or the home


New member
Feb 14, 2024
My dad is now in a nursing home with vascular dementia and the fees are being paid by us, when he went in we informed the home mums probate was being processed and we were also selling his house to pay the funding, however both have taken longer to happen then we expected with mums money only just being finalised and house still on the market so the fees owed were getting quite high and I was concerned about this. I also work at the care home so the manager , my boss contacted Adult services to ask them to contact myself (I hold PoA jointly with my sister) to discuss if funding would be available. When I was contacted I was informed a continued care assessment would have to be carried out first then a financial assessment dependant on the outcome of the first assessment. And then once financial assessment was completed any options would be discussed, however before the continued care assessment was even fine I was informed by the homes accounts dept that the LA had already taken over the contract of funding but when I asked the LA why this had happened without a agreed financial plan been put in place they were non responsive and took weeks before financial assessment meeting took place. Due to the LA being inconstant with information I told them I was not willing to make any financial agreements with them and then they informed me my manager had instructed them to take the funding over which wasn't the case. She had only spoke to them once to ask them to contact me. I've asked several times for written proof or any proof of the instruction being given and have been stoned walled and deflected each time. They have now insisted a mental capacity assessment needs to be done even though I've stated the removal of their involvement and I've paid the outstanding monies and have an agreed plan with home for further payments. Can they take over funding without proof of instruction? I believe they are trying to get a court order of protection against me also as I've started a complaints process against them which is why they are telling us they have to do the mental capacity assessment and have told me it's a legel requirement but won't provide the reason for it.

Grannie G

Volunteer Moderator
Apr 3, 2006
Welcome to the forum @sturner73 I hope you find the help you need.

I suggest you contact the support line.



Registered User
Sep 16, 2020
Social services did a mental capacity assessment on my mother in law to to see if she was able to look after her own affairs unfortunately she was not. We did not have POA so had to apply for court of protection which was along drawn out process you have POA as such it allows to to make decisions on your fathers behalf. It may be worthwhile speaking your solicitor for clarification why the care home has ignored your requests.