Hi to all,
Difficult one this, and not much advice about without resorting to Solicitors Ad's online, which want to avoid.
Background: Dad now in care home with Vascular Dementia. hasn't got mental capacity, No LPA/EPA, no known Will. No deputy currently allocated, Care home has asked me to be deputy, going to go through Court of protection
Was placed in home under NHS CHC after third UTI - safeguarding concerns raised after admission to hospital relating to welfare / vulnerability relating to treatment by long term partner before hospital admission. was estranged from children for 2 years due to coercion from partner during deterioration in mental health (depression), cancer diagnosis and onset of vascular dementia.
Care Home / Social Services were not told by partner that children existed so the presumption was that partner was next of kin. Social worker was "relieved" were we were located purely by chance by someone who recognised my Dad at hospital. Social worker / hospital shared a number of red flag indicators concerning his care before admission to hospital.
Now back in regular contact and Dad happy in Care Home. Problem is that all possessions, documents, car and personal effects are still at partners home. Social Services are not at stage of doing anything yet as still under assessment if NHS will fund care. If not progressed by social worker we will need to look at location / recovery of these as Dad will not be returning to partner. The sale of his (own) home will be needed within the 12 week disregard period, and his income assets for accrued care home fees if they become due. Partner is in separate contact with Social services but now at a limited level because of concerns which have been raised.
I haven't made any direct contact yet as I am awaiting meeting with Social Worker.
Partner had previously maintained regular telephone contact over years but this ceased after "fall-out" and they retreated, persuading Dad to cease contact with children (manipulated, against his wishes), this coincided with deterioration of Dad's mental abilities, but his illness was also kept from medical professionals including moving his doctor's.
I am unsure if this may need to be / will be a legal issue (if request for return is ignored / refused) of even then if this would be a civil matter or a police matter? I don't wish to escalate more than necessary but suspect this is still an element of control being exerted and there may be some financial aspects that the partner may wish to keep from being revealed.
I don't think the social worker will want to get involved unless it affects payment of fees, and even then their involvement will not extend to recovery of personal possessions etc.
I know I have the option of first requesting politely and trusting everything has been given up but I would like to know should this not go as we would wish, how I would progress and who with?
I would invite any advice from those who have either had similar experience of have any legal training or qualification about the best way to progress this? Any references to legislation or law (other than common law of property and theft) would be appreciated. I can then get prepared.
Regards,
333pjb
Difficult one this, and not much advice about without resorting to Solicitors Ad's online, which want to avoid.
Background: Dad now in care home with Vascular Dementia. hasn't got mental capacity, No LPA/EPA, no known Will. No deputy currently allocated, Care home has asked me to be deputy, going to go through Court of protection
Was placed in home under NHS CHC after third UTI - safeguarding concerns raised after admission to hospital relating to welfare / vulnerability relating to treatment by long term partner before hospital admission. was estranged from children for 2 years due to coercion from partner during deterioration in mental health (depression), cancer diagnosis and onset of vascular dementia.
Care Home / Social Services were not told by partner that children existed so the presumption was that partner was next of kin. Social worker was "relieved" were we were located purely by chance by someone who recognised my Dad at hospital. Social worker / hospital shared a number of red flag indicators concerning his care before admission to hospital.
Now back in regular contact and Dad happy in Care Home. Problem is that all possessions, documents, car and personal effects are still at partners home. Social Services are not at stage of doing anything yet as still under assessment if NHS will fund care. If not progressed by social worker we will need to look at location / recovery of these as Dad will not be returning to partner. The sale of his (own) home will be needed within the 12 week disregard period, and his income assets for accrued care home fees if they become due. Partner is in separate contact with Social services but now at a limited level because of concerns which have been raised.
I haven't made any direct contact yet as I am awaiting meeting with Social Worker.
Partner had previously maintained regular telephone contact over years but this ceased after "fall-out" and they retreated, persuading Dad to cease contact with children (manipulated, against his wishes), this coincided with deterioration of Dad's mental abilities, but his illness was also kept from medical professionals including moving his doctor's.
I am unsure if this may need to be / will be a legal issue (if request for return is ignored / refused) of even then if this would be a civil matter or a police matter? I don't wish to escalate more than necessary but suspect this is still an element of control being exerted and there may be some financial aspects that the partner may wish to keep from being revealed.
I don't think the social worker will want to get involved unless it affects payment of fees, and even then their involvement will not extend to recovery of personal possessions etc.
I know I have the option of first requesting politely and trusting everything has been given up but I would like to know should this not go as we would wish, how I would progress and who with?
I would invite any advice from those who have either had similar experience of have any legal training or qualification about the best way to progress this? Any references to legislation or law (other than common law of property and theft) would be appreciated. I can then get prepared.
Regards,
333pjb
