Way around Govt taking all Mum's money?

pineapple

Free impartial advice on matters like this can be got from CareAware. They helped me and were brilliant. :beer:
http://www.careaware.co.uk/

troubleinparadise

Read this guide to LPAs (Lasting Power of Attorney):

http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Mentalcapacityandplanningahead/DG_186373


With regard to your mum signing the LPA application, it has to be witnessed by a certificate provider:

Part B – the certificate provider's statement

This part of the form needs to be completed by your ‘certificate provider’.
A certificate provider is someone who speaks with you privately to make sure that you understand the powers you are giving your attorney(s). They will also check that there has been no fraud or pressure put on you to make the Lasting Power of Attorney.
A certificate provider can be someone you have known for two years or someone who has a professional skill or knowledge about your situation. For example, it could be a doctor, social worker or solicitor.
Family members cannot be certificate providers. This includes:

• spouse, partner or civil partners (or people living together as such)
• children, grandchildren (including step-children)
• parents, grandparents (including step-parents)
• brothers, sisters (including half-brothers and half-sisters)
• aunts, uncles
• nieces, nephews
• someone related by marriage (such as a son-in-law or daughter-in-law)

So it would be best to be very clear that you can comply with the rules before attempting to register an LPA, or you could be in for a costly waste of time. The average waiting time is apparently 10 weeks for an LPA at present.

pelirocco

Surely the government wont be taking all your mums money ? if she needs full time care then this needs to be paid for , you are quite at liberty to care for her yourself, and then you can keep all her money

Biggles

newsgirl wrote: »

Under no circumstances should the OP attempt to get her mother to sign a PoA. She has been sectioned and is therefore unfit to make any decisions like this.

Not necessarily, it still comes down to whether she has the mental capacity.

http://www.nhs.uk/CarersDirect/moneyandlegal/legal/Pages/applying-for-power-of-attorney.aspx
"If the person you care for is under a section of the Mental Health Act 1983 they can still make a lasting power of attorney order as long as they have the mental capacity to do so."

margaretclare

Biggles wrote: »

Not necessarily, it still comes down to whether she has the mental capacity.

http://www.nhs.uk/CarersDirect/moneyandlegal/legal/Pages/applying-for-power-of-attorney.aspx
"If the person you care for is under a section of the Mental Health Act 1983 they can still make a lasting power of attorney order as long as they have the mental capacity to do so."

Who defines 'whether they have the mental capacity to do so'?

Personally I find threads like this to be sad and deeply depressing. Take the first sentence the OP wrote: "I am still coming to terms with my Mum's dementia and the repercussions." Yes, there's a lot to come to terms with. The mere fact that the 'Mum' you knew has gone, like being dead before your death, the person you knew as Mum is no longer there. Then, the title of the thread, I find deeply shocking: "Way around Govt taking all Mum's money?"

From the illness, the bereavement, we immediately get 'money' and the idea that the Government is there like some latter-day Fagin 'gotta pick a pocket or two'.And then you get remarks like those of pelirocco: "Surely the government won't be taking all your mums money ? if she needs full time care then this needs to be paid for, you are quite at liberty to care for her yourself, and then you can keep all her money".

As I wrote yesterday, it is impossible for any one person to 'care for her yourself' given that she has been sectioned under the Mental Health Acts as being 'a danger to herself and to others'. I think people should have more of an insight into just what that means. 24/7, just stop and think what can be involved before making ill-informed remarks like 'care for her yourself'. Could you do it? I know I couldn't.

Tuesday_Tenor

margaretclare wrote: »

As I wrote yesterday, it is impossible for any one person to 'care for her yourself' given that she has been sectioned under the Mental Health Acts as being 'a danger to herself and to others'. I think people should have more of an insight into just what that means. 24/7, just stop and think what can be involved before making ill-informed remarks like 'care for her yourself'.

The point that's been missed so far is that the 'Section' may in future be lifted if it is found that the person's dementia has been exacerbated by a temporary, treatable issue such as an infection (urine infection, chest infection etc ....). This would have implications both for the financial issues (will the State be paying 'Continuing Health Care' or not?) and for where the person can best be cared for (is own home totally out of the question or not?).

From what OP says, I suspect this is an ongoing serious deterioration without a treatable element, and I would share MC's concerns that care in own home will not be possible. But we don't know that for sure, so I thought this needed pointing out.

sleepless_saver

Tuesday_Tenor wrote: »

The point that's been missed so far is that the 'Section' may in future be lifted if it is found that the person's dementia has been exacerbated by a temporary, treatable issue such as an infection (urine infection, chest infection etc ....). This would have implications both for the financial issues (will the State be paying 'Continuing Health Care' or not?) and for where the person can best be cared for (is own home totally out of the question or not?).

From what OP says, I suspect this is an ongoing serious deterioration without a treatable element, and I would share MC's concerns that care in own home will not be possible. But we don't know that for sure, so I thought this needed pointing out.

Even if the section is lifted, if "aftercare" is required that will still be free (under S117 of the relevant mental health act in England). I agree that if it's down to a temporary health condition that would be different.

mynameistallulah

Biggles wrote: »

Not necessarily, it still comes down to whether she has the mental capacity.

http://www.nhs.uk/CarersDirect/moneyandlegal/legal/Pages/applying-for-power-of-attorney.aspx
"If the person you care for is under a section of the Mental Health Act 1983 they can still make a lasting power of attorney order as long as they have the mental capacity to do so."

This is correct - people often assume that those under a Section lack capacity, but in fact approx 80% retain capacity in some areas.

OP, your priority here should be doing the best for your mother, not protecting your inheritance.

Mr_Ted

mynameistallulah wrote: »

OP, your priority here should be doing the best for your mother, not protecting your inheritance.

This is the sort of facile comment that makes my Blood boil!!!!!!!!!!

Get this right, its usually about what the person who has worked all their lives for wants done with their money!

They have paid their dues, taxes, etc etc etc, and have probably worked hard to have what they have with a specific intent on what they would like done with WHAT IS THEIRS!

I know what I want done with my hardearned and meagre Estate, and I expect most of you do, and it is not to give it all to the government especially if it is a case that the NHS have responsibilities and it has been paid for by contribution!

SO GET OFF PEOPLES BACKS, just because they are possibly going to receive an inhertance!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

If this isnt the case then we would be giving the government all our earnings, and to my knowledge we dont live in a communist state, although its starting to feel like it, especially when people who contribute nothing get services FREE with our graft paying for it!!!!!!!!!!!

GGGGGGGGGGGGGGGRRRRRRRRRRRRRRRRRRRRR

:mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad:

agrinnall

Mr Ted, you do realise there is a Praise and Vents board don't you, because your posts contribute very little to the threads where you make them, it just seems to be another opportunity for you to have a rant.