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Deputyship is insolvent

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  • CKhalvashi
    CKhalvashi Posts: 12,130 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    elsien said:
    You have  had several threads on here, some of which have been removed, about a long-running dispute with your sister about your mother’s finances, LPA and various other issues. 
    There is no point coming here, posting a very small part of the picture,  and then expecting any sort of half decent response. Your sister has been granted deputyship despite (I presume) your objections so the OPG are happy with her acting in that capacity.
    So what outcome are you expecting with your insolvency query? Are you still trying to get the deputyship changed because you’re not involved?
    Because here actions are not in mum's best interests 
    That would ultimately be for a court to decide though, not a group of people on MSE who don't have the full facts.

    The key thing to remember is that being insolvent doesn't necessarily make someone dishonest. If you have questions about the honesty of your sister or the way she is carrying out her duties you need to report these to the OPG in writing. This would need to be factual, without emotion and explaining why you feel this is the case.
    💙💛 💔
  • elsien said:
    You have  had several threads on here, some of which have been removed, about a long-running dispute with your sister about your mother’s finances, LPA and various other issues. 
    There is no point coming here, posting a very small part of the picture,  and then expecting any sort of half decent response. Your sister has been granted deputyship despite (I presume) your objections so the OPG are happy with her acting in that capacity.
    So what outcome are you expecting with your insolvency query? Are you still trying to get the deputyship changed because you’re not involved?
     No. She applied for Deputyship whilst mum was in hospital and without my knowledge. She has potentially not disclosed her financial status.
  • elsien said:
    You have  had several threads on here, some of which have been removed, about a long-running dispute with your sister about your mother’s finances, LPA and various other issues. 
    There is no point coming here, posting a very small part of the picture,  and then expecting any sort of half decent response. Your sister has been granted deputyship despite (I presume) your objections so the OPG are happy with her acting in that capacity.
    So what outcome are you expecting with your insolvency query? Are you still trying to get the deputyship changed because you’re not involved?
    Because here actions are not in mum's best interests 
    That would ultimately be for a court to decide though, not a group of people on MSE who don't have the full facts.

    The key thing to remember is that being insolvent doesn't necessarily make someone dishonest. If you have questions about the honesty of your sister or the way she is carrying out her duties you need to report these to the OPG in writing. This would need to be factual, without emotion and explaining why you feel this is the case.
    I agree with this 
  • And I'm trying my best here 
  • Thanks you all
  • CKhalvashi
    CKhalvashi Posts: 12,130 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    elsien said:
    You have  had several threads on here, some of which have been removed, about a long-running dispute with your sister about your mother’s finances, LPA and various other issues. 
    There is no point coming here, posting a very small part of the picture,  and then expecting any sort of half decent response. Your sister has been granted deputyship despite (I presume) your objections so the OPG are happy with her acting in that capacity.
    So what outcome are you expecting with your insolvency query? Are you still trying to get the deputyship changed because you’re not involved?
     No. She applied for Deputyship whilst mum was in hospital and without my knowledge. She has potentially not disclosed her financial status.
    I filled out many forms when my grandmother was alive and in hospital because my grandfather wasn't always sure and mom was working. I didn't always get to consult with others (other than explaining in simple terms to my grandfather) when doing so. Note that this didn't include a LPA.

    If there was a need to do this as she still had (but was losing) capacity then this would be one of those forms that whoever was there would need to fill quickly. I wish we'd had the opportunity to deal with this at that time (I wouldn't have wanted to be involved, it would likely have been mom alone despite her having a sister) as it would have made life so much easier in dealing with third parties in the last few months of their lives.

    She potentially has disclosed her financial status and I'd be surprised if this isn't something specifically checked as part of the application process. As I've mentioned above, you need to speak to the relevant bodies if you think there is a problem with the application. This is far outside the remit of anyone here on MSE.

    If she's made other decisions, it's important to note that there are things in the NHS/care process that need to be dealt with quickly and whoever is there will need to deal with them. When it involved anything I considered major I always asked for a few hours to be able to consult with family (and on a few occasions a friend who is a lawyer) and would consider something as serious as an LPA something that would need to be consulted on.

    For someone with dementia there is very often a 'time is of the essence' situation and if (for example) a mental capacity assessment had been completed at that moment and everything was satisfactory, for a child to make that application there and then when there can be little doubt seems reasonable to me. For anyone else other than a spouse to do it doesn't seem reasonable.

    Those with dementia (and I'm very broadly generalising here) tend to have periods of good and bad understanding and memory. It's important to remember this.
    💙💛 💔
  • elsien
    elsien Posts: 35,247 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    To add to this issue my sibling has not shared her responsibilities of her deputyship with me. I have been told by a third party.

    I don’t understand what you mean by not sharing the responsibilities of the deputyship with you? If she’s a financial deputy and you are not (and you’ve previously said that you’re not good with finances anyway) there are no responsibilities to share.

    I understand that you don’t trust your sister and you feel that you’ve been cut out of the process. What I’m asking is what are you aiming to achieve?
    Because if finances aren’t your strong point then if your sister doesn’t act it just leaves your mother in limbo doesn’t it? Which isn’t really in her best interests either.

    You don’t want your sister to be deputy. So what you would want to happen instead? 



    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • How on earth so I delete a post?
  • elsien
    elsien Posts: 35,247 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 February 2023 at 10:40PM
    Cog top right of the relevant post. 
    If you want the thread removed you need to contact the forum team. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Yeah but I quote someone the thread goes wild
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