URGENT - Private Nursing Home & Local Authority EVICTION Pending

Tipsntreats · 17 April 2017 at 3:55PM

OK I am back - Best laid plans and all that.

It is true that you will not win the case over money. But you will on Best Interest. I have three relatives who were all in a similar situation. Started off self funding, then run out of money.
My Uncle was the same,BUT I won his case on Best Interest. The LA are now paying his over a thousand a WEEK fees.
I don't think I am allowed to recommend a solicitor on this thread. But you can Google one that deals with COP matters. As the solicitor will be representing your Mother in this instance, she WILL get funding. You and your sis will be representing your Mother.
Any other questions just ask me.
Tips x

Oops forgot to say, they will stop an eviction.

elsien · 17 April 2017 at 4:10PM

I'm glad your family were able to get sorted.
But best interests is not a 100% guarantee that the place will be upheld. I have seen people who have still had to move due to financial reasons following the best interests process. It can be challenged but I feel you are misleading the OP by saying it is guaranteed.

Ms_Chocaholic · 17 April 2017 at 4:23PM

How can your mum's savings of £500,000 plus whatever the house sold for have been used up already - I see you already mentioned holidays and gifts, but the spending seems really excessive.

Tipsntreats · 17 April 2017 at 4:28PM

elsien wrote: »

I'm glad your family were able to get sorted.
But best interests is not a 100% guarantee that the place will be upheld. I have seen people who have still had to move due to financial reasons following the best interests process. It can be challenged but I feel you are misleading the OP by saying it is guaranteed.

Yes you are right to point this out. It is NOT guaranteed. But it would be up to the judge in the COP, in these cases. It also takes ages to get to court, therefore, the relative cannot be moved until the case is heard.
It is all very distressing at the time. I suppose in my three cases I was lucky. What I do know is that the relative cannot be moved more than three miles from where the NOK who has LPA lives.

Tony_H_3 · 17 April 2017 at 4:55PM

So to clarify, we need to instruct a solicitor. What do we need the solicitor to do exactly?

Tipsntreats · 17 April 2017 at 5:06PM

Tony_H wrote: »

So to clarify, we need to instruct a solicitor. What do we need the solicitor to do exactly?

You will need to take your Mother's case to the Court of Protection. You will need a solicitor that is expert in this field. The solicitor will represent your Mother - First respondent.
The solicitor will liaise with yourself and your sister, who can act on her behalf.
The case will be a Best Interest case. I know it sounds daunting, but this is the only way to make sure things are done legally. Now your Mother has run out of funding, she should get Legal Aid.
Have I explained this enough for you?

unforeseen · 17 April 2017 at 5:23PM

This is from Clark Wilmott who deal with COP cases in relation to Legal Aid

For example, proceedings concerning where someone should live (ie when there is a dispute about whether an elderly relative should go into one care home, or another) are unlikely to be funded unless one of the options may involve an interference with their family or private life, or will result in them being deprived of their liberty.

Tony_H_3 · 17 April 2017 at 5:24PM

Yes thank you, I will make enquiries tomorrow without delay. It will be a blessing in disguise if it slows things down and gets the nursing home, SW & LA in check.

Tipsntreats · 17 April 2017 at 5:28PM

Yes unforeseen told you the best one to use.
Now relax, and enjoy the rest of the day.

elsien · 17 April 2017 at 5:39PM

https://www.bevanbrittan.com/insights/articles/2017/commissioning-and-the-court-of-protection-the-supreme-courts-decision-in-n-v-accg-2017-ukscc22/

URGENT - Private Nursing Home & Local Authority EVICTION Pending

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