OPG investigation advice please

[Woo2]

Thank you @jugglingmum , I agree that if I can get deputyship that would definitely be better than any other option , ultimately I want to keep Lpa but time will tell , have made contact with law firm and the appropriate specialist is calling me Monday , will see what they say . I have a fair few people who aren’t family that will testify to mum & dads relationship with her and the bad feelings between them spanning 40 odd years , not sure a judge would be interested in that though he just wants to determine capacity .

 

[canary]

It might be worth getting those statements, though, just in case the court is thinking of appointing your sister as deputy.

 

[Woo2]

Update : OPG emailed me to ask for contact details for SW and also copy of Police report , Police won’t release to me due to Data protection , surely they could get it no problem . SW cannot give me a copy of report for the same reasons . A different Senior investigator has emailed this morning to say I can consent or challenge Court action and or deputyship , reading between lines if I consent to Deputyship (which I have as I already filled out forms ) they seem to say they will just cancel Lpa and recommend Deputyship and I won’t need to go to court . Have spoken to 2 solicitors who say I have a strong straightforward case and should proceed with Court of protection hearing and not apply for deputyship as may not need it . Will talk it over with him indoors later .

 

[jugglingmum]

Have spoken to 2 solicitors who say I have a strong straightforward case and should proceed with Court of protection hearing and not apply for deputyship as may not need it .

In that case I think you should do this, ask them if you can use your mum's money to pay for it as well rather than you paying for it yourself. YOur mum's money is going to be used for carehome fees soon enough.

The other option I suppose is to ask if the action can be thrown out as 'vexatious' but no idea of how OPG legal process works.

Can police or SW release to you as H & W LPA for your mum? Or can they release direct to the court?

 

[Woo2]

No neither can apparently @jugglingmum .The solicitors both said there is no need to employ them as it’s a straight forward case that we can answer for ourselves . The SW comments /report really should answer the capacity question. I need to contact OPG to get them to re word statement as I will not sign it as it is saying sign this and we will cancel LPA and recommend you for deputyship when I want to take it to court and see what a judge says , at least that way it’s rubber stamped if they find in my favour there can be no further malicious complaints about it from sister .

 

[annielou]

If you apply for deputyship and LPA is cancelled could your sister contest the deputyship later like she has the LPA? If so probably better to go to court for devision over LPA.
Whichever options offers least options and chances for your sister to stick her oar in again later and cause further trouble. Even if its more work now it’s probably worth it if it cuts her off at the pass and stops further vindictive action or at least lessens chances of it.
Good luck with it all ?

 

[Woo2]

I don’t think so , she could contest it when I apply but she would need a good reason to stop it though . She has vowed via SW to do everything she can to cause problems . refused to accept SW’s decisions and guidance . Don’t know what she hopes to gain by it all apart from causing aggro.

 

[annielou]

No, that can only be it, aggro! Some people are unhappy and want others to be too and are vindictive vickys. You don't deserve the aggro, you try so hard with your mum and look after her and care for her and it's not fair. I hope you can squash it flat with OPG and she gives up and one day soon realises that doing this isn't actually making her life any better either and she's gaining nothing other than ugliness and feeding her own bad feelings by doing it.
???

 

[Woo2]

Thanks @annielou , one would hope but they seem to thrive on negativity , time will tell .

 

[Woo2]

Thought it about time I updated this , I have had a letter from the Court of Protection suspending my Lpa in a closed hearing I presume as we had no prior knowledge of it , they have asked me to consider being deputy for mum and enclosed forms . On receiving the bundle of investigation findings they presume mum lost capacity on the day she was diagnosed with moderate Alzheimer’s , the SW who saw mum never replied to the OPG so they had no evidence from us to suggest she had capacity . Mum was served papers 2 weeks ago so I am just waiting now to see what happens .

 

[canary]

Im sorry the LPA was cancelled, but at least you are being appointed deputy.
I was mums deputy and its was fine, although the annual financial report was a bit of a pain. Once you are appointed deputy your sister will have no grounds to contest it, so you will be safe from that.
xxx

 

[Woo2]

Thanks @canary , I solemnly hope that they appoint me as OPG proposed me , can’t see she has any grounds to oppose it but i cease to be amazed by how much stress and problems she can cause . How are you doing ? Have missed Tp but needed some time away , trying to catch up on threads now ?

 

[canary]

OH is becoming hard work @Woo2 and Im worrying that my posts reflect this. We still dont have a diagnosis and I dont think Im going to get one.

Im sure that the COP will appoint you - the OPG is the administrative arm and the COP is the legal arm.

 

[Woo2]

That’s really not acceptable @canary but not really a surprise re diagnosis sadly .

I would not worry about your posts , they will be a reflection of how you feel , you are always supportive and kind to everyone.

Thank you . X