Uncle in care home with deputyship held by LA - what to do next

[Isabella41]

My uncle is resident in an EMI nursing unit. His elder brother lives in Northern Ireland as do I. When my uncle was admitted the social worker contacted my uncle and asked him what he wanted to do. He didn't have POA. He is elderly too and said he was going to have to leave it to the sw to ensure that his brother's needs were met.

Long story but my daughter has now moved close to where her great uncle is and went to see him at the weekend. She was appalled to find his clothes are tatty and threadbare. She asked why no one was buying him clothes. No one wanted to take responsibilty. She rang the local council. They said they hold deputyship for him.

My question is this. How difficult and expensive would it be for my daughter to take over this deputyship so that she can ensure this poor man gets what he needs. I havent told my other uncle what has been going on it would upset him too much.

 

[bemused1]

No helpful reply but to say good to 'see' you Isabella. How sad you are having to worry about more elderly relatives.
I hope all is OK with you.
Hope someone more useful will be along later

 

[nitram]

Rather than trying to get deputyship (presumably financial only) which would be difficult and expensive I would approach the LA.

Contact both the financial side that hold the deputyship and social services pointing out the state of his clothing (maybe attach photos) and say that if SS are unable to buy some new clothes your daughter will get them on condition that the LA reimburse her. Submit a list of requirements and a maximum proposed spend.

Ideally SS would have some kind of budget for his living expenses.

 

[loveahug]

there is usually an allowance of £23 per week to cover his toiletries and clothes etc. You should ask the LA finance department how these funds are managed and by whom, you might find it's in the care home's coffers.

good luck

 

[Saffie]

Here's another one who is glad to hear from you but sad at the reason why.
I do hope that things regarding your mother and daughters have improved.

However now another relative to worry about.
It does sound as though the LA are not taking their Deputyship role seriously enough but perhaps they will say that they have Deputyship for Legal and financial affairs only as Health and Welfare is rarely given. However, the SS have a duty of care towards your uncle and as they, or others in the LA, are the ones holding the purse strings, they should ensure that your uncle is appropriately dressed.
I think nitram's suggestion would be the easiest and least expensive route to take.
Best of luck.

 

[Isabella41]

Hi to all who remember me from first time around. Mum is a lot more settled now. She is still quite verbally aggressive and hurtful when the mood takes her but I no longer let it get to me. The ice is slowly thawing with my daughters which is good. The elder daughter has moved and is now close to where this uncle is. She is willing to take over his care. Perhaps he has finally grown up. Who can tell...
She is meeting with the care home manager and hopefully will get some answers.
London Aunty is in the early stages and we are in the process of setting up the POAs gir her with me as attorney. Another uncle died from this horrible disease last summer. The present count is 7 living with 4 of them at various stages on the dementia pathway. Oh how I hate this disease.

 

[Saffie]

Thanks for the update Isabella. I'm glad things are a bit easier with your daughters and that your mother is more settled and, presumably, being cared for in a home now.
You did go through such a dreadful time. I am so glad that things are at least a little better for you.

Yes, it is a terrible disease and it seems as though you've had your fair share of it in the rest of your family too. I am sorry. I hope your health is now a bit better too.
Very best wishes. x

 

[bemused1]

Good to have an update Isabella and I am glad you have developed coping strategies, I remember how much your mum put you through.
Glad to hear one of your daughters at least is growing up a bit. Perhaps it will give her some perspective on her behaviour towards you and she may learn something.

I hope your answers helped, hope you will visit again

 

[Isabella41]

My daughter has spoken with the LA. They have told her they have no issues with her applying for deputyship but that she would have to fund this herself. She (or I) don't have the means to do this. After lots of discussion it was agreed that she would go out and buy my uncle all the clothing, footwear etc that he needs. She is then to give the bill to the care home and they are to reimburse her and in turn they claim the outlay from the LA. Its all so convuluted and another great illustration why everyone should have LPAs in place when they are still in a position to do so. It would appear the care home have not bought a single item for the poor man since his admission. He was complaining to my daughter that his feet were cold. She asked where his shoes/slippers are. She was told he didn't have any and didn't need them as he wasn't really mobile!!

 

[nitram]

Somewhere lost in the system is his Personal Expenses Allowance (PEA), currently £24.90/Wk, it is incremented slightly each year.

This is the money your daughter will be spending.

It is also used for things like haircuts and maybe podiatry, has the care home been using his PEA for these and ignoring clothing?

I would ask the LA as deputy how much PEA has been paid to the care home, they may not tell you but it should alert them sufficiently to investigate.

Don't forget to buy marker labels, attach them to the clothes, and add them to the bill.

 

[Isabella41]

Hi Nitram. Having discussed it further with my daughter we feel its best she goes ahead and seeks deputyship. We hadn't realised she could claim all the costs associated with this from my uncles bank account. The LA 'forgot' to tell her this. We feel that if she has ready access to his account she will be able to better ensure his remaining years are more comfortable. My daughter says she knows she has rattled a few cages, even in these early days. She asked where all his money had been going but no one could answer and hid behind the "you're not next of kin" line.

On another note I use a company that prints names onto buttons that are then attached to clothing with a special applicator. Its great and the name doesn't wash off. Lots of the families in mum's care home commented when they have seen me sitting labelling her clothes and have gone out and bought the same system.

 

[Saffie]

Isabella, the cost doesn't need to be that great. The CoP fee is, or at least was, £400. There is then a bond to be bought which is relative to the amount of the estate which can involve an annual payment but mine was an initial, single payment only one.

Then an annual supervision fee which is around £370 but if capital falls below a certain amount, not sure of exact amount but in the teens, it is not charged and at that point the annual report is no longer required either.

If the LA are involved with contributing with the home fees, then I imagine the estate is not large and anyway, as you say, all expenses come from your uncles' capital not your daughter's.

Best of luck with it, it can seem onerous but is quite manageable once the paper work is completed.

 

[nitram]

The deputyship will most likely be finance only, I think you have to make a separate application to the court for permission to apply for a welfare one and and then apply for the deputyship itself if permission is granted.

I know about the button firm, the home my wife was in had an arrangement to get them slightly cheaper, they also had the more expensive applicator and remover.

 

[Saffie]

Health and Welfare Deputyship is rarely granted although one member of TP has said they have it. The court seems to prefer to apply its ruling on a case by case system.
However, as it seems that is the control of your uncles' finances to enable purchases of clothing etc, that would be sufficient. I doubt if the LA had H&W deputyship either.