Power of attorney or deputy?

[Tiinaa]

Hi, I’m a parent of a 19 yr old d with severe learning disabilities and some physical disabilities. Recently she was issued a fine for claiming a free prescription the day before she turned 19. ( maybe the pharmacy put it through the system a couple of days later?) I have rung to get this mistake rectified, but they are not allowed to discuss her case because of data protection.

It’s made me realise how important it is to be allowed by law to talk to people about her care.

I have been told to get power of attorney, but she hasn’t got mental capacity to sign any documents.

Does this mean I need to be a deputy? Isn’t this a massively expensive process? How can I talk about my daughters care or finances without it? It’s all very confusing.

Any advice gratefully received. TIA

[chopinfan]

Hi Tinaa

If your daughter doesn't have mental capacity to grant you a power of attorney then as far as I know the only option for you to be sure of having control of her care and finances is for you to become her court appointed deputy. I am about to start the same process myself. The fees are prohibitively high though which I think is unacceptable.

Rosa Monckton has gone to court to challenge the application of the Mental Capacity Act in cases like your daughter's; I am not sure when the judgement is expected.

[Tiinaa in reply to chopinfan]

Thankyou for your reply, I have been given so much conflicting advice over the past few days, but as I am not actually fighting for care for her at the moment I will try to get by without becoming a deputy. As you say, it’s far too expensive and an ongoing annual fee after.

My social worker has said she will do a mental Capacity assessment, then I can show it to anyone who isn’t willing to share information with me, she thinks that should be enough. Let’s hope so.

[Sarah_Mencap in reply to Tiinaa]

Best of luck. Keep in touch. Thanks Sarah

[Pogul44 in reply to chopinfan]

Hello chopinfan,

I saw your reply post regarding subject: Power of Attorney or Deputy? to Tiinaa from 11 months ago.

I see you were about to start the process of applying for Personal Welfare deputyship at the time.

My father and I approached a solicitor about a year ago to make an application and we were advised to hold off until the Monckton case had finalised. Our solicitor seems to have got cold feet since as the result was not as many had hoped. We have been very patient but if she doesn't get a move on very soon then I think we will make the application ourselves. We wanted to use a solicitor as we felt we would be in a better position if we were rejected and needed to appeal but we have made very Little progress.

[Charlie2750 Community friend]

Hello Tinaa

If your daughter is severely learning disabled she will probably get free prescriptions through not having enough money in her own right get a HC1 certificate (help with free nhs costs from low income) If she is on ESA that also entitles her without the HC1 form.

I am an Appointee f my son and did think about being a deputy but it was going to cost a lot. You shouldn't need to apply for a deputy for care because all the doctors will /should consult you on her care.The other type of deputy is for housing and finance but that wont help.I am assuming that your daughter is unable to see doctors on her own if she has severe learning disabilities or have I got that wrong?

By the way if you apply to be a deputy for health and finance it will cost about £800

charlie

[Tiinaa in reply to Charlie2750]

Thankyou for your reply, I posted above about how we are going to try to resolve this.

[Pogul44]

Hi Tiinaa,

I came across your post from 11 months ago and wondered how you got on?

My father and I are hoping to make a Personal Welfare deputyship application after a few years of questionable care by two separate care home in different local authorities.

My brother is in his 50's, has severe learning disabilities, lacks capacity, and lives in a small residential care home for People with learning disabilities.

I hope your concerns have been resolved by now.