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    • She2018
    • By She2018 8th May 18, 8:37 PM
    • 1Posts
    • 0Thanks
    She2018
    Managing the financial affairs of someone with dementia
    • #1
    • 8th May 18, 8:37 PM
    Managing the financial affairs of someone with dementia 8th May 18 at 8:37 PM
    I am hoping someone can give either advise with regards to this or at least identify with the issue. My Dad has dementia - very bad advanced dementia. He lived with me for many years as he was unable to live alone, however when we went away on holiday he was put into respite care. When we came back from vacation, social services decided he was too poorly to live with us anymore and should stay in the residential home. We agreed with this diagnosis. I did not have power of attorney - I didn't even know what this was. & by the time I did, his dementia was too advanced. Turns out that was my father was listed as a temporary resident in error - so social services had not taken money to pay for his care....for around 18 mths. The local authority admits this was an administrative error & their fault so they cannot reclaim this money retrospectively. However they are now forcing me to make a decision. Either I apply to the courts (at a substantial cost) to become a court appointed deputy - or they will do it, at a cost of 50 a month. I am cautious. My Dad has acquired about 12K in his account from his pensions. If I allowed the local council to take control of all his money - could they take his money & plus could they demand money back from me for costs related to his care (food/ clothes etc) in the past? I have always looked after my Dad but the forms one has to fill in as a guardian seems so complicated. When does the reporting period start? Is it from when guardianship was awarded or does it go further back. I find the whole thing complex. As it stands I have my dads card and can pay his fees monthly over the phone, so I don't understand why all this extra complexity and cost. I just want to do what is best for my Dad and easier for me.
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    • elsien
    • By elsien 8th May 18, 8:57 PM
    • 16,738 Posts
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    elsien
    • #2
    • 8th May 18, 8:57 PM
    • #2
    • 8th May 18, 8:57 PM
    It's unlawful to be using your dads cards and managing his account and pensions without the correct legal authority to do so. Even if you're being scrupulously honest, any third party mandate you had should have ceased when he lost capacity. Now the local authority are aware of this they can't ignore it. They're not being difficult, they're making sure your dad is protected.
    But they obviously can see everything has been above board or they wouldn't be giving you the option of carrying on dealing with his money in the correct way according to his current situation.

    The financial deputyship should work the same way whether you are the deputy, or another organisation, in the best interests of your father. In my area, the local authority do not do this themselves but outsource to Age Uk. But there is still a charge for doing this. The fees for you applying are set by the government - it's not the local authority trying to rip you off, that's just what it costs.

    Your dad can have up to 23K disregarded before he has to make a contribution towards his care. However care homes don't provide clothes, toiletries or money for activities so he will need his deputy to continue to organise this on his behalf.
    The decision to be made is whether or not you want the responsibility of carrying on managing his money, or if you want someone else to do it. That's all. It won't make any difference in any other respect
    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.
    • Linton
    • By Linton 8th May 18, 9:03 PM
    • 9,409 Posts
    • 9,550 Thanks
    Linton
    • #3
    • 8th May 18, 9:03 PM
    • #3
    • 8th May 18, 9:03 PM
    This may be helpful:
    https://www.citizensadvice.org.uk/family/looking-after-people/managing-affairs-for-someone-else/#what_happens_who_can_make_decisions_when_someone_ loses_mental_capacity_and_there%27s_no_power_of_at torney

    See about 80% down the page
    • Dox
    • By Dox 8th May 18, 9:42 PM
    • 749 Posts
    • 516 Thanks
    Dox
    • #4
    • 8th May 18, 9:42 PM
    • #4
    • 8th May 18, 9:42 PM
    Not sure if you've read this: https://www.gov.uk/become-deputy

    If not, might be helpful.
    • Keep pedalling
    • By Keep pedalling 8th May 18, 11:12 PM
    • 5,211 Posts
    • 5,818 Thanks
    Keep pedalling
    • #5
    • 8th May 18, 11:12 PM
    • #5
    • 8th May 18, 11:12 PM
    If you allow the LA to take control, the 50 per month will come from your fathers assets they cannot bill you.

    Personally I would apply to the courts for deputyship, but if you really can!!!8217;t face that then let the LA take control.

    Does your father own property or any other substantial assets?
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