Social services and possessions

[Missegg00]

My auntie lived with my mum for 20 years. Mum cared for her as her memory deteriorated. Last year her condition worsened and i tried to get help from drs and social services. All they did was advise mum to move out. In november she did. One month later they put my auntie in a care home. We have agreed she should stay there.
Social worker said as there's no LPA in place they will apply for it.
In the meantime we were made to give our keys to aunties house to Social worker and told if we enter house alone its trespassing.
Im postive her house will be sold to pay for her care...but what happens to her possesions? Do they bin or sell them?
There is a will in place leaving everything to my mum but obviously doesnt come into effect.
Im very frustrated as cant get a straight answer.
Thankyou for any help.

 

[canary]

Hello @Missegg00 and welcome to talking Point.

It sounds like the LA is applying to the Court of protection for Deputyship for your aunt. When there is no LPA you have to go for CoP deputyship in order to pay bills and the care home fees (when they move into a care home). The Court of Protection will probably appoint a solicitor to deal with her finances and they will have authority to deal with all her assets - her home and possessions. What happens to them is entirely up to the person appointed as deputy. I am assuming that you want to keep some of her possessions for sentimental reasons. You may be able to find out who is the deputy and ask them about them; if you offer to buy them (you would probably have to pay market value) I cant see why they would want to refuse, but, as I said, its entirely up to them. They may, indeed, just dispose of everything as it would be easier..

 

[Shedrech]

hello @Missegg00
welcome from me too
I assume your aunt no longer has capacity to manage her affairs - if she has she chooses who will act as her Attorney, not the LA
I wonder whether you are in a position to take on the Deputyship yourself, then you would be in control of your aunt's finances and property - if you are, it would be worth contacting the OPG yourself to tell them you will be applying, explain that the LA did not discuss this with your mum or you
https://www.gov.uk/become-deputy
and notify the LA too
personally, I think the situation you describe sounds odd - you say the LA advised your mum to move out of her home of 20 years; I appreciate she is a sibling not spouse, but it's a strange suggestion - I guess your aunt was refusing support and the idea was to force a crisis? - if your mum were still living there it might be that the property could be disregarded re payment of care fees - I hope your mum now has a secure home of her own
I would have expected the LA to conduct an assessment of your aunt's care needs when you first contacted them, and from that to suggest a care package of home care visits then to carry out a financial assessment re payment of care fees, as per these pages from the main AS site
https://www.alzheimers.org.uk/get-support/legal-financial/who-pays-care