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OPG investigation advice please

Woo2

Registered User
Apr 30, 2019
2,989
South East
Hi

last year my sibling reported me for financial/physical abuse of my PWD who lives with me after mum decided she wanted no contact (years of animosity between them ), adult safeguarding duly came the next day and did their own investigation ,all ok and they were happy . Next I had a letter from OPG telling me they were going to do an investigation, duly filled out all info , Mum had capacity assesment and she completely went to pot and wouldn’t answer him , refused to tell him my name , really went badly . Just received letter from OPG a year later to ask would I be willing to apply to become mums deputy ? They will then send my completed cop4 form to court along with their papers . They are going to apply to court to validate Lpa and I will be invited to join the proceedings:confused: I will fill in the form , I’m guessing this is for if /when they remove my Lpa we would go straight on to a deputyship ? Would they invite my sibling to be a deputy too ? So many questions . I presume I can continue as I am for now with paying for her day centre ? I have kept all receipts and kept notes and can account for every penny I have spent . Also she has I agree now lost capacity but she DID understand what she was asking me to do as her attorney and dad didn’t trust sibling with money Or mum and asked me to never leave mum alone with them . Also mums certificate provider has now been to memory clinic and awaiting brain scan for confirmation of Dementia .... will he be asked to go to court , it’s a horrible mess ! Any advice greatly appreciated .
 

Grannie G

Volunteer Moderator
Apr 3, 2006
72,142
Kent
Hello @Woo2

I've no experience of adult safeguarding, the OPG and deputyship but it`s only common sense to see that as you have been approached and have all receipts you have nothing to fear.

Just sit tight and let the powers that be do their work.
 

canary

Registered User
Feb 25, 2014
13,964
South coast
I agree with Sylvia. If the OPG were concerned about you they would not invite you to become a deputy.

You asked whether your sibling would be invited to be a deputy too - were they named as an attorney on the LPA?
 

Woo2

Registered User
Apr 30, 2019
2,989
South East
Thank you both @Grannie G and @canary , no they wasn’t , a lot of bad blood between parents and sibling years ago , neither parent wanted sibling anywhere near their money as has previously got in to a lot of debt and are gamblers . I just presumed as they instigated the investigation wether they would be invited to be deputy too, they could I presume object to me doing it , but as we have no contact with them they really couldn’t carry out that role very well . Will a court be interested in that .
 

Woo2

Registered User
Apr 30, 2019
2,989
South East
I worded it wrong they are claiming mum didn’t have capacity and are going to court to determine validity of Lpa . I can’t prove she was capable of making that decision , her certificate provider has known them for 30 years and knows family history and that mum and dad didn’t want sibling involved in any of their personal /financial dealings . I am fearful he will be called to court , he is early stages I would say but understandably low and I wouldn’t want him to be put under undue pressure , he did receive a letter too from OPG and sent it back explaining how he was satisfied mum knew what she was going , maybe worrying unnecessarily here . Time will tell I guess .
 

Woo2

Registered User
Apr 30, 2019
2,989
South East
I have just called the OPG for some clarification , they are applying to the court of protection to make a decision as they have evidence mum had capacity and evidence she didn’t so the court will decide , they have no issue with the way I have acted and that’s why they want me to fill in deputyship documents and file them now so that they will be in place if the judge rescinds the LPA . Feel slightly better , though how I will prove IMO that she had capacity I don’t know but we shall certainly try hard . Do they need to prove she didn’t have or do I need to prove she did ? How on earth do either side do that :rolleyes:
 

jugglingmum

Registered User
Jan 5, 2014
5,975
Chester
I would assume you need to prove she did have capacity when she made the LPA so that is valid, it is a lot easier to be an LPA than a deputy.

I assume that your sibling has said the LPA isn't valid and has forced OPG to take action.

You certainly want to apply to be deputy and your sibling might contend this and say they should be appointed instead. It might be your sibling has put in a deputy application alleging the LPA isn't valid.

there have been very few case like this in my time on TP, @nitram is often good on the legal stuff

Personally I think you might need specialist legal advice - ie a solicitor experienced in these matters with the CoP rather than a high street one, there is too much at stake as you don't want your sibling to gain control of mum's affairs.
 

Banjomansmate

Registered User
Jan 13, 2019
2,352
Dorset
Was the LPA done by a Solicitor or did you/your Mum do it yourself? The Solicitor made sure The Banjoman knew what he was doing with me out of the room before he went ahead with putting the LPA in place. One of the reasons I wanted it done by the Solicitor was so that none of his family could query his choice of Attorney. At one point his ex-wife did comment that “Shouldn’t it be one of his family handling his financial affairs?” but she was put down immediately by his brother and sister-in-law who knew how well I was looking after his money and that he specifically wanted me to do it!
 

Woo2

Registered User
Apr 30, 2019
2,989
South East
Absolutely I do not want that , we have no contact so how would the court even consider it , I am wondering too if they may force mum to see sister . Thank you @jugglingmum , I shall make some calls next week .
 

Woo2

Registered User
Apr 30, 2019
2,989
South East
Thank you @Banjomansmate , no I did it online myself . Mum absolutely did know what she was agreeing to , she has nosedived since then and I can confirm she has lost capacity since then. She would hate it if sibling got anywhere near her finances even under strict deputyship , plus after they verbally and physically assaulted me the police told them to stay aware from here so how would we facilitate them having deputyship , hasn’t seen mum in over a year .
 

nitram

Registered User
Apr 6, 2011
21,299
North Manchester
they are applying to the court of protection to make a decision as they have evidence mum had capacity and evidence she didn’t so the court will decide ,

This is the crux, the judge is going to weigh the evidence concerning her capacity at the time she signed the LPA as donor.

The certificate provider is an obvious source to confirm that she had capacity and normally would be able to state the steps he took to establish this. There should not have been anybody else present. Unfortunately you state that he may not now be able to state this in a clear fashion to the court.
I'm assuming that the certificate provider was not barred because of relationship to any of the attorneys

The OPG must have some credible evidence that around the time of signing it was obvious that she had lost capacity

You need to try and get statements from any clinicians of her gereral capacity around the time of the signing.

As stated you need to get legal help from a specialist solicitor.
 
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Woo2

Registered User
Apr 30, 2019
2,989
South East
The certificate provider is very early stages I would say and I’m sure he could clearly state his position , he did send in a lengthy statement to the OPG , he is a close friend of Mum , hasn’t been barred .
Mum was seen by SW a couple of weeks after signing and mum was quite clear to her , she said though she wasn’t there to asess capacity but had no doubt mum knew and understood what she wanted , had an annual review from CMHT 3 months before but that doesn’t state much but I will be producing that . I can’t think what evidence she had lost capacity they have , sibling filmed mum covertly saying mum you want this don’t you , I couldn’t hear all of it but SW said that’s not reliable as mum had 4 people crowded round Pressuring her to say yes . I will definitely seek advice , thank you @nitram . Much appreciated .
 

Woo2

Registered User
Apr 30, 2019
2,989
South East
Thank you all , very much appreciate the help and advice . I have found a law firm from Alzheimers site , they say they are cop solicitors so will call them Monday . Husband has queried wether this is worth fighting as a/ It’s a lot of hassle whilst juggling caring and children , b/ how much is this going to cost us to prove , with deputyship we can still pay her care bills and she will probably going in to care home within the year . Brain is feeling fuddled . 🤯
 

jugglingmum

Registered User
Jan 5, 2014
5,975
Chester
Thank you all , very much appreciate the help and advice . I have found a law firm from Alzheimers site , they say they are cop solicitors so will call them Monday . Husband has queried wether this is worth fighting as a/ It’s a lot of hassle whilst juggling caring and children , b/ how much is this going to cost us to prove , with deputyship we can still pay her care bills and she will probably going in to care home within the year . Brain is feeling fuddled . 🤯

If you don't fight this there is every chance your sister will end up as deputy, so yes it will cost but I don't think you really have a choice
 

Banjomansmate

Registered User
Jan 13, 2019
2,352
Dorset
It will cost even more if you have to have Deputyship rather than just be her Attorney and will mean loads more paperwork and hassle for you in the long run!
 

Woo2

Registered User
Apr 30, 2019
2,989
South East
Thanks @jugglingmum @Banjomansmate , we had planned to fight it but think he is feeling worn down , not usually defeatist just tired , have no idea what she will do next , probably try and enforce visits :rolleyes: But hey ho we will deal with it . Thanks again👍 I don’t have anything else to prove her capacity apart from what I have already sent to OPG already , SW report mainly and certificate provider letter . My smashing in laws have said they would willingly write a statement confirming she did have capacity for that decision and how she felt about sister as they have known parents 25 years.
 

jugglingmum

Registered User
Jan 5, 2014
5,975
Chester
I suspect anything you can obtain will help including details of the gambling and your parents wishes to cut contact. I'm afraid to protect yourself and your lovely mum you need to be on the attack.

It might well be that lpa is cancelled and deputyship awarded to you but this would be better than either a court appointed deputy or worse still your sibling.

I'm so sorry😢