Finances and Mental Capacity Act

[Skimbotug]

My severely mentally handicapped sister aged 62 has been in permanent care since the age of three.

Since the early 1990's when the mental hospital where she was a patient closed, she has been marvelously cared for in all aspects by a charitable Trust whereby she has 24 hour care in a specialised home.

As regards her finances she has always relied on benefits, and has never had any other source of income. She receives income support and disability living allowance, and her finances have always been looked after by the Trust under Appointeeship.

The Trust has always exercised exemplary fiduciary duty in her best interests, but the following issue has arisen.

The local authority's adult services essentially fund her care, directly to the Trust. It also audits the finances concerning her own bank account - that purchases and outgoings on her behalf are properly recorded and receipted. It is now however claiming that the Trust does not have a "legal framework" to deal with her finances. This is despite it having done so for over 25 years, and that the DWP payments to her bank account and the Trust's management of it still successfully operate together.

The local authority is pushing for relatives to be involved, and I would happily do so. However it is also saying that application should now be made for Deputyship i.e. via the Court of Protection. This would entail expenses, including solicitor's fees, that are totally out of proportion to what modest savings the Trust has diligently accrued for her, and to her net income. The local authority clearly perceives that the Mental Capacity Act invalidates the long-standing Appointeeship arrangement that has been in place. As mentioned, her sole income has always only been from benefits, and as such I understood that Appointeeship is perfectly acceptable.

I would be very grateful if a definitive view could be given for this situation.

[Username50]

I went to an event recently and someone mentioned that legal aid Is available to the person with mental health issues (or appointee). It may be worth giving mencap (or a solicitor) a call for advise

All the best

[Username50 in reply to Username50]

If you say you are thinking of complaining about it (copy in your local councillor) as you don’t believe it’s in the best interest of your sister or say you are going to the local authority ombudsman they may change their minds or it may buy you time to sort things out. I’m sure a newspaper would be interested in your story as it affects so many vulnerable people.

[forgetmeknot]

contact your MP. Try the Bar Pro Bono Unit. BarProBono.org.uk

Let me know if you need their address. I have found them really helpful in the past.

[I_am_a_sibling Survey Community friend]

This sounds really tough Skimbotug . Thanks for posting about it, as there will be other siblings and parents out there in similar situations who will benefit from reading too.

Here are a few things that may help...

cascaidr.org.uk/ - Centre for Adults’ Social Care – Advice, Information and Dispute Resolution - they may be able to advise on the mental capacity act

As Username50 suggests, try Mencap Learning disability helpline too - see mencap.org.uk/advice-and-su...

Hope this helps, Fx

PS

And most importantly - make sure you have some support for yourself during this - it can be really tiring. There are other siblings of people with learning disabilities in similar circumstances to you. Sibs is a charity for brothers and sisters of disabled children and adults. Have a look at sibs.org.uk, follow on twitter @sibs_uk or facebook @sibscharity You're not alone - all the best, fx

[Henriet]

Similar situation, just been outsted by the care organisation. It has seemed as if my son is a commodity for the past seven or eight years and as if I have not been there for him when I have and have complained on his behalf and even to the ombudsman once, and visited him in his terrible care home or the community (last two or three years). Now can barely get through on the phone and there is an advocate as they claim that there is no relative capable. I myself have studied learning disabilities at degree level.

Tough love!

[Phoenix19]

I have spoken to Mencap's solicitors a few times over the years and they have always been really helpful with sensible advice. I last called a couple of month's ago regarding Lasting Power of Attourney and Deputyship. They took more than a week to get back to me but their advice was really helpful and helped us make the right decision for our daughter. I would strongly recommend that you give them a call.