LPA

jsh99

elsien said:

Just for the sake of clarity, and I do fully appreciate how difficult it is for you, you can only act in someone’s best interests if they lack capacity. It seems to me that this has not yet been ascertained.
You might find the contacting the local authority and telling them you are considering giving up the LPA due to the lack of clarity might prompt them to come out and do any relevant assessments sooner rather than later.

What is his response when you tell him that if he wants to go home, it needs to be looked into quickly before his money runs out? And going back to the question of the DoLS,  specifically ask the care home if they have applied for one because if they have that would indicate they have queries around his capacity themselves. 

I have told the LA that and had one phone call where they said they would send me a financial assessment to fill in - ut I've received nothing as yet.  They did contact the care home about what care he needs.  But heard nothing back.

He just clams up and won't talk to me anymore.  He makes it so very difficult - I explain that he either needs to go home as his money is running out or he will have to sell to pay so that he can stay where he is and he says I don't want to sell I want to go home.  So I say ok you can go home and he says not yet.  It's just constant round and round every time.

I do not believe the DoLS has been applied for by the nursing home - I mean they are getting paid so why would they interfere at the moment.  Might be a different storey when his money runs out.  I have told them it's getting low - so they told me to ring the LA, which I have.

elsien

it is difficult when someone won’t (or can’t)  talk to you about the complexities. How did he end up at the care home in the first place?  Is there any suggestion of a cognitive impairment - dementia,/, serious depression? maybe that’s something for the care home to follow up with the GP again? 

DoLS is nothing to do with finances at all. And the care home have a legal obligation to make an application where they believe that someone may lack capacity to agree to stay at the place. so what is there view of his level of understanding of the bigger decisions? They see them every day after all and he might talk to them more than he talks to you. 

You need to keep contacting the local authority and keep telling them he needs a needs assessment, not a financial assessment because of the capacity issues. Because he is safe in a car home and being paid for at the moment he is not going to be a top priority unless you make him one. It really is a case of those who shouts the loudest sometimes.

Keep_pedalling

jsh99 said:

Keep_pedalling said:

If he is to stay in care permanently and there is a property to sell but the savings have run out the LA will apply deferred payment. They will fund the care but that will need to be replayed once the house is sold. 

I see - but in the mean time the house is a big drain on his finances, and I am the one sorting out looking after it.  Surely an empty house that is deteriorating and possibly depreciating is not in his best interests.

If we did this how does it stand with IHT?  Do the arrangements for deferred payment come off the value of his estate before IHT is payable?  Would seem crazy if this is not the case.

I am starting to think about giving up the LPA and handing over to the LA.

After Christmas I would try and arrange a meeting with his social worker to discuss your concerns. The first thing to establish is whether he still has the mental capacity to make his own financial decisions and if he is capable of living alone. If he doesn’t that give you the freedom to get moving on selling his home.

IHT is based on the net value of his estate (assets less funeral costs less debt) so yes those debts come off the value before any IHT is calculated. 

I would not hand everything over to the LA but you do need to work with them to resolve the current situation. 

jsh99

Thanks.

I spoke to LA yesterday - they are sending me the financial assessment paperwork and say someone will be in touch re assessing him.

I've made it clear he might not be able to make decisions and that I am considering revoking LPA - so will have to see what the LA come back with.

His GP sent him for a scan for dementia but it came back inconclusive and they wanted to do more tests but he refused.

He is depressed  - he's on meds but I honestly do not believe they are doing much, I've tried several times to get this re assessed but no one seems interested (GP or nursing home).

dnpark38

My wife has Mixed Dementia and as your Brother first had scans but also GP Referred her to the NHS Memory Clinic who did tests and diagnosed her as having Mixed Dementia. There is I understand a long wait which is 18 months locally here.
I would advise you request this with his GP asap.
Do you have both types of LPA? ( Finance and Health) 

elsien

dnpark38 said:

My wife has Mixed Dementia and as your Brother first had scans but also GP Referred her to the NHS Memory Clinic who did tests and diagnosed her as having Mixed Dementia. There is I understand a long wait which is 18 months locally here.
I would advise you request this with his GP asap.
Do you have both types of LPA? ( Finance and Health) 

The brother still has to agree to any tests though. And potentially agree to the referral in the first place. 

Not everyone wants to know, or they may be doing an ostrich impression. I’ve worked with a few people where there’s a strong suspicion of some type of dementia but they refused point blank for any tests to be done. It’s really difficult trying to work through what the objection is and whether there is a way around it. 

jsh99

elsien said:

Not everyone wants to know, or they may be doing an ostrich impression. 

This!  This is totally the impression I get every time I try to talk to him.  He just doesn't seem to want to comprehend his situation or help make things any clearer for anyone trying to help him.

When mum first died he kept saying I was lying and that she was still alive.  He refused to get out of bed to go to the funeral despite me making all the arrangements with suitable taxis and the care home to provide someone to go with him.  This was despite him promising me he would go.  I think me driving and following the hearse all alone and getting that call from the nursing home as I was following is the hardest thing I've done.

I do have both LPAs yes.  He did at least agree, eventually after initially saying I was only after his money, to those - although the solicitor dealing with it had to get a professional opinion on his capacity to agree to them.