rules rules rules...

Isabella41

Registered User
Feb 20, 2012
904
0
Northern Ireland
A new day and a new set of problems. We are awaiting an emergency care meeting that in the words of mum's social worker could go either way. By this I mean it could reccomend that mum be forced to stay in an emi care home or she may be allowed home from respite to the rented sheltered housing where she has lived for 2 months. As she needs to give 4 wks notice to quit her house I thought it best to enquire if I could even make some sort of provisional notice arrangement and then withdraw it if nescessary. Mum has only a few hundred pounds in the bank so it will be the trust who will be paying her home fees. As I know she will only get £20 pocket money per week I am anxious to protect what little she has so that I can use it for clothes etc for her. At the minute she gets housing benefit which covers 2/3 of her rent. If she goes into the home permanently this would stop and in theory mum would have a bill of £360 in rent with no means to pay it. I don't have power of attorney and the specialist we saw yesterday said mum lacks capacity so I presume getting this power of attorney is no longer possible. A solicitor had advised that as I was an only child and that mum and I had a joint bank account and there were no assets I did not need a poa. The sheltered housing won't take my instructions. Mum would probably sign anything I ask her to but I imagine that if I got her to do this I could get into trouble for asking someone whom I know lacks the understanding to sign away her tenancy agreement and thereby make herself homeless. I've also been warned that I will need to account for every penny of mum's money that I spend and I may be asked to account for it since we had the joint account. This is panicking me as I had to buy so much to get her set up in her house and also because I did all the food shopping, clothes shopping etc. It never occured to me that I would need to do this as being an only child there would be no one to say they thought things should be done differently. It was only small amounts and anything large like furniture and tv and removal costs I do have receipts for. Maybe i'm panicking over nothing but I was hoping someone on here could help. Now that this doctor says mum lacks mental capacity and I don't have power of attorney will I still be able to use our joint bank account to buy her clothes, toiletries etc. Mum's incontinence means an awful lot of new clothes are needed.
 

2jays

Registered User
Jun 4, 2010
11,598
0
West Midlands
A new day and a new set of problems. We are awaiting an emergency care meeting that in the words of mum's social worker could go either way. By this I mean it could reccomend that mum be forced to stay in an emi care home or she may be allowed home from respite to the rented sheltered housing where she has lived for 2 months. As she needs to give 4 wks notice to quit her house I thought it best to enquire if I could even make some sort of provisional notice arrangement and then withdraw it if nescessary. Mum has only a few hundred pounds in the bank so it will be the trust who will be paying her home fees. As I know she will only get £20 pocket money per week I am anxious to protect what little she has so that I can use it for clothes etc for her. At the minute she gets housing benefit which covers 2/3 of her rent. If she goes into the home permanently this would stop and in theory mum would have a bill of £360 in rent with no means to pay it. I don't have power of attorney and the specialist we saw yesterday said mum lacks capacity so I presume getting this power of attorney is no longer possible. A solicitor had advised that as I was an only child and that mum and I had a joint bank account and there were no assets I did not need a poa. The sheltered housing won't take my instructions. Mum would probably sign anything I ask her to but I imagine that if I got her to do this I could get into trouble for asking someone whom I know lacks the understanding to sign away her tenancy agreement and thereby make herself homeless. I've also been warned that I will need to account for every penny of mum's money that I spend and I may be asked to account for it since we had the joint account. This is panicking me as I had to buy so much to get her set up in her house and also because I did all the food shopping, clothes shopping etc. It never occured to me that I would need to do this as being an only child there would be no one to say they thought things should be done differently. It was only small amounts and anything large like furniture and tv and removal costs I do have receipts for. Maybe i'm panicking over nothing but I was hoping someone on here could help. Now that this doctor says mum lacks mental capacity and I don't have power of attorney will I still be able to use our joint bank account to buy her clothes, toiletries etc. Mum's incontinence means an awful lot of new clothes are needed.

Sorry no answers just thoughts

I think I am right by saying as you have joint bank - 1/2 will be frozen....
You may need to set up guardianship if no POA - but.... Possible if mum goes back to sheltered housing, so long as at the time of signing she knows what she is signing, you MAY be able to get POA

suggest you ring Alzheimer's help line - better to speak to a person than read a fact sheet

Thinking of you
 

Isabella41

Registered User
Feb 20, 2012
904
0
Northern Ireland
The solicitor told me I would personally have to pay for the poa and the cost would run to thousands. I can barely pay our own bills. I've seen guardianship mentioned on here but I am totally in the dark as to what this means. I don't think there is much chance of poa even if I had the money as very suddenly mum no longer remembers a phone call from a few hours ago.
 

Delphie

Registered User
Dec 14, 2011
1,268
0
The solicitor told me I would personally have to pay for the poa and the cost would run to thousands. I can barely pay our own bills. I've seen guardianship mentioned on here but I am totally in the dark as to what this means. I don't think there is much chance of poa even if I had the money as very suddenly mum no longer remembers a phone call from a few hours ago.

Your mum doesn't have to remember, she needs to understand what she's signing, that's all. Also, PoA doesn't have to cost thousands. In fact it's seen as the quick and inexpensive option, with the Court of Protection route to get Deputyship being seen as the scary and expensive one. Having said that, even the Deputyship option doesn't have to be expensive. That's the route I had to take because my mum did lack capacity and I didn't pay anything because my previous year's earnings were below the threshold. You can get all the forms online and if you've any questions that can't be answered here there's a helpline to call.

It's up to you what you decide on in the end, but please don't be put off by stories of enormous costs and officialdom.