My Mum In Law is in a local care home and today I received a letter from the home asking for a copy of the Power Of Attorney for her, which we do not have. The same letter also stated that if we do not have Power Of Attorney for her, the home would look into appointing an Advocate or Welfare Deputy through the Court of Protection.

Can anyone please advise what this is at all? I do not want to visit the home to talk about the letter without first being at least aware of what it all means.

Any help or advice would be greatly appreciated.

Hello there.

I agree that you should be involved in this - maybe you could be her advocate if you want to?

My mother signed an Eduring Power of Attorney while she was in good health and we had to activate it when dementia meant she had lost the capacity to make decisions. Has something like this happened to your mum? It sounds as if she didn't sign a document before she became unwell?

HB

Thanks for taking the time to reply HB, really appreciated.

My Mum In Law is in the care home suffering with dementia which all happened so quickly, we just didn't have chance to apply for Power Of Attorney.

I'm very sorry to hear that, difficult situation.

Who diagnosed your MiL, was it a psychiatrist or someone else?

There's good information online from Mind, the CAB and others. Some of the best support I got was from my mother's social worker and the local AgeUK helpline.

HB

Thanks for the links to Mind, CAB and the Age UK Helpline.

If your Mum in law didn't appoint an Attorney before she lost her mental capacity to do so, then the attorney has to be appointed by the court (the Court of Protection) to ensure her interests are represented.

The attorney (when appointed by the court, rather than the individual) is known as a Deputy.

The home are approaching this as they should, and as required by law.

There can be a deputy dealing with financial affairs, and a different deputy for Health & Wellbeing issues, or one deputy dealing with both can be appointed.

Thanks for the help BazzaS. Is there anywhere you know of where I can read a bit more about what is involved with the Court Of Protection, such as costs and time constraints?

Since we had the sudden problems with Mum in Law, we have looked into our own sons have Power Of Attorney for us and the costs are very high from what I can gather from my solicitor.

Does that mean it can't be one of the family, Bazza?

HB

Absolutely can be one of the family, HB, they just need to highlight the ways in which they are the best person to represent the interests of the represented party (confirming their wish and ability to represent the interest of that person even if it runs contrary to their [the deputy's] personal interest)

https://www.gov.uk/become-deputy has useful info from the Office of the Public Guardian, and https://www.gov.uk/become-deputy/fees is the subsection dealing with fees .....

Thank you. I wasn't imagining it then.

HB

Registering an EPA costs £82. I imagine that's what you have?

What costs money is having it drawn up and then filling in the forms if you have a lawyer. A friend helped me, I don't know if the Court of Protection will help if you ring them.

https://www.gov.uk/government/news/lasting-and-enduring-power-of-attorney-fees-are-changing

I don't have experience of the Court of Protection if someone doesn't have capacity to sign having become ill.

HB

Wow! Now that I've sat down, I can't believe the fees they charge. Not sure if the care home will pass the fees on to me but that'll be another problem.

They are pretty steep, aren't they? I was surprised when I looked at Bazza's link.

Does your MiL have any assets you can use towards the fees if you become her financial advocate?

HB

None whatsoever HB. She has a few pounds in a bank account but that's all I'm afraid to say. The care home takes almost all of her pension apart from the small amount she's left with as her personal allowance.

I remember that from before.

HB

Have a look at this page and download COP44B, Barry. If the person who is the subject of the application is in difficult financial circumstances, there may be help with fees.

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=4600

HB

Thanks for all the help and replies on here, it is really appreciated.

I can only wish you well going forward with this BarryH,

I have just registered a Power of Attorney for my mum whom has early stage Dementia, cost me £435 for the Lawyers fees and Registration fee.

I am my sisters 'named person' and deal with her finances regarding fee's for the care home she is in, they got in touch recently asking if they could take over the role, why they asked I don't know and wasn't to keen on them doing this so I refused.

I think as honeybee has said you should be involved with the Advocate or Deputy.

Regards,

Scott.

Thanks for the help Scott, really appreciated. When you mention "asking if they could take over the role, why they asked I don't know and wasn't to keen on them doing this so I refused" this is the feeling and worry I have. Everything seems to be about money.

Everything seems to be about money.

Is this a privately owned care home, Barry? If it is, then sadly money is what it's about.

HB

Everything seems to be about money.

 

Is this a privately owned care home, Barry? If it is, then sadly money is what it's about.

 

HB

Pleased to hear I'm not the only one who sadly feels this way HB.

Everything seems to be about money.

 

Is this a privately owned care home, Barry? If it is, then sadly money is what it's about.

 

HB

I've just come off the phone to the Council trying to get my mum into a care home, one of the first things they asked was how much savings does she have and does she own her own house.

That will be to see if she's self-funding, I imagine, MD. But we're diverting BarryH's thread.

HB

Did you get help soical services,with using the care act 2014?

If not how the care homes work out charges,as I need assamement Frist by soical services, I'm disabled complexity illness not that old,

Hello kaymare.

As I said on your other post, you need to start threads of your own please, rather than tacking onto other people's.

HB