My moms finances

[Suegeorgie]

My mom has been assessed as not having the capacity to handle her own finances. Myself and my sister have been and still are doing handling her finances. My mom doesn’t own any property, have any savings and her income consists of private and state pensions. The Social services have finalised her income and have assessed she can afford to pay half towards her care. This leaves her a weekly sum if approx £100 a week.
The council have informed us they are applying for a deputy ship to handle my mom’s finances. We have no POA in place .. we didn’t feel the need as she has no capital. Can we argue the fact we have always looked after my mom’s finances ( even before she was diagnosed with Dementia ) so why does this need to bd changed and why can’t we continue as before. All we need to do is continue paying by direct debit the amount she has been assessed as her contribution towards her care. I also believe the council will make a charge to my mom if they obtain a deputy ship.
Any help is appreciated
Thanks

 

[Shedrech]

hello @Suegeorgie
a warm welcome to DTP

I'm afraid someone has to apply for Deputyship to have the legal authority to manage your mom's financial affairs as this can't be done, legally, even by family members, no matter what informal arrangements have been in place .... if her bank knows she no longer has capacity to manage her accounts, the accounts might be frozen until a Deputy is in place

There is a charge for the Deputyship application, though this can be less if your mom's income is low ... the LA will have a professional Deputy appointed who will charge for their services, the fee being paid from your mom's money

You could yourself apply to be her Deputy so you can manage her income and save her the professional charges ... but someone has to be appointed

Deputies: make decisions for someone who lacks capacity

How to become and act as a Court of Protection deputy - eligibility, responsibilities, how to apply, fees, supervision and when your deputyship ends.

www.gov.uk

you can also apply to be DWP Appointee

Become an appointee for someone claiming benefits

Apply to become an appointee for someone claiming benefits - how to apply, stop being an appointee

www.gov.uk

 

[Suegeorgie]

Could my son who is 18 apply to be a deputy

 

[Suegeorgie]

I can’t apply myself as I have mental health issues and I am in financial difficulties myself

 

[MartinWL]

Could my son who is 18 apply to be a deputy

Yes he could. Unusual for such a young man to take on this quite demanding role but perfectly possible.

 

[canary]

Could my son who is 18 apply to be a deputy

If he is willing, yes he is able to apply, but it is not an easy task - you have to keep records of where all the money has been spent, down to literally the last penny, and send in an annual report to the Office of Public Guardians every year.

In your case you might feel that it may actually be better to have a solicitor appointed by the Court to be deputy.

 

[MartinWL]

In your case you might feel that it may actually be better to have a solicitor appointed by the Court to be deputy.

Let's give the young man credit for being well able to do it. People differ greatly. Some 18 year olds can't add up. When I was 18 I was studying economics and would have been quite capable of doing it.

 

[Shedrech]

Indeed everyone is individual ... having taught year 13, I have met a good many intelligent, capable, thoughtful, kind 18 year olds and felt reassured that the management of our future common wealth and welfare will be safe in their hands in the future when they have matured into adult lives
some of them carried the responsibility of being young carers ... and it was a great deal to ask of them, especially at such a key time in their young lives
an 18 year old may be able to complete the tasks of a Deputy, though asking them to take on such a responsibility is a mighty ask in emotional terms
I agree with @canary that even though there may be a financial cost it may well be the better route to have a Court appointed Deputy and for family to concentrate their energies on being family
Best wishes to you all @Suegeorgie

 

[canary]

an 18 year old may be able to complete the tasks of a Deputy, though asking them to take on such a responsibility is a mighty ask in emotional terms
I agree with @canary that even though there may be a financial cost it may well be the better route to have a Court appointed Deputy and for family to concentrate their energies on being family

Thank you @Shedrech - you have expressed it far better than I was able to.
Whatever is decided - I hope all goes well with you @Suegeorgie and your mum xx

 

[Suegeorgie]

Thank you all for your comments help and advice. Take care all