Power of attorney / receiver / appointee

Jet

I posted this on another board but didn't get a response, so I thought it might be better here - I hope that's OK.

My grandmother is teminally ill with a brain tumour and has recently been moved from hospital to a nursing home.

She has sufficient funds to pay for her care and I have several forms here for various benefits claims for her but also a financial assessment form.

As my grandmother is no longer of fit mind to be able to sign any forms herself - what do we do about declaring her savings to the council? I am executor of her will and have paperwork which shows her savings etc. but I am not sure if I need to legally do something to give me access to her accounts etc. so that the council can take the funding for her nursing home.

Can anyone advise?

Sus1e

I don't know anything about this sort of thing so I think you should see the CAB for advice as you may even need a solicitor to sort this out.

tracy1_2

it is likely that she will qualify for nhs funded care because of her terminal illness. Even if this were not the case i believe there is a 12 week rule that there are not any payments to be made immediately even if she were to be charged. Good luck.

Jet

tracy1 wrote: »

it is likely that she will qualify for nhs funded care because of her terminal illness. Even if this were not the case i believe there is a 12 week rule that there are not any payments to be made immediately even if she were to be charged. Good luck.

Thank you - no-one has told me that. I'm going to give the CAB a ring later.

Optimist

You will need to contact The Public Guardianship Office and they will send you the forms you need http://www.guardianship.gov.uk/ They are used to this and are usually quite helpful

bunty109

My granmother signed an enduring power of attorney in case anything should hapeen to her. I've just had to apply to The Public Guardianship Office to invoke this (via a solicitor) and it has gone through quite quickly.

So I'd agree with Optimist at The PGO are the people you would need to deal with.

Jet

Having made some enquiries it seems that ideally I would become her "receiver" - too late for power of attorney as that is something my Nan would have to be in a fit state to authorise. However, it can take several months and be quite expensive.

However for benefits purposes, i can become an "appointee" and deal with her finances from that point of view. The local council will need to come and see her and assess her with me there. I am then made an appointee there and then if they agree that she is mentally and physically incapacitated.

With hindsight, we should have set up power of attorney at diagnosis, but there you go.

Thanks for all your replies.

I can't find any information on the nursing home being free because she has a terminal illness and the council have told me that she would have to pay.

bluebell13

Where is she being treated? If she is under the care of a Hospice does she have access to a Macmillan nurse as she will be able to advise. There is a type of funding called Level 3 Continuing Care which is available to the terminally ill and she may be entitled to this.

Feel free to pm me if you do not want to post too much information here as I may be able to offer additional support centres for you.

Optimist

I'm working on the assumption your Grandmother is in England or Wales if so Section 49 of the Health and Social Services Act, 2001 makes it the responsibility of the NHS to fund any nursing care and as of 2003 that applied to people who fund their own care. Nursing care is defined as ‘care provided, delegated, monitored or supervised by a registered nurse.’ You need to ask your local authority to arrange a assessment.

The problem is different authorities apply the criteria in different ways so its not as simple as one would think.

You might like to get on to Help the Aged or possibly even better in your case The Alzheimer’s Society. They will have leaflets that explain it in more detail.

Jet

Bluebell,

She's in a nursing home for the elderly. I understand that her nursing care is free but the cost of the home is expected to be paid by her. No one in the family is in a position to be able to look after her as she needs constant care.

I have pm'd you too.

tracy1_2

definitely request a joint nhs/social services assessment and ascertain if she qualifies for NHS funded continuing Care. Was her admission in anyway organised by a care manager?