Opinion

[Bristolroverd5555]

Been having meetings with social worker for my 30 year old daughter re independent living. Going ok and on going,the bit we were unsure about,told you can't get power of attorney,which we knew,but I mention I could get deputy ,and there is a mental health act, there was a silence,any one got a view on this,or am I being bit protective. Mark

[Charlie2750 Community friend]

Hello Mark and welcome to this community.

You knew about Power of Attorney which is normally given by someone with capacity for understanding the "power" they are giving to you.A deputy is appointed by the Court of Protection which you can apply for but why would you want to do this?You apply and pay£400 for control over money which may only be worthwhile if your daughter has a lot of money from a trust or inheritance but it may not be worthwhile if it is only benefits.(apply to be appointee). For another £400 you can have control over your daughters health but unless you disagree with her doctors or the NHS all the carers ought to consult with you.

The mental health Act is a different piece of legislation to the Mental Capacity Act 2005.

The Mental Health Act gives definitions of Mental Health disorders and there is legislation that allows a violent patient to be detained in hospital and given treatment so perhaps the silence was because you may have confused the different Acts?

If you had understood this then I am sorry to have lectured or been patronizing but the different rules are so confusing.

My credentials for writing this are that I worked and qualified as a Mental Health Nurse in 1971 so I had to be aware of the Mental Health Act but that has been changed.

I also have a son with severe learning disabilities and was thinking of doing the Deputy bit but changed my mind.I also have an absolute trust in my beloved NHS which I worked for 50 years.But to be honest I am shocked by other peoples experiences around the country.Our hospital and doctors have been excellent and I have never experienced unkindness or hostility.

By the way my son lives with me so we haven't tried yet for independent living so I cant talk about that.

I hope my prattle helps a bit but good luck and a safe journey for you and your daughter and I hope it works out.

[Tracidu in reply to Charlie2750]

Hi, I have a son with severe learning disabilities , he is 35 and lives at home with me . He has just had a financial assessment for his care plan which has been in place for the last 12 yrs with no big problems This new Social worker who has never met my son has said I needed to get court of protection . He has no trust fund or savings , just has his benefits. I was interested in your reply to Mark . I have looked after my son for 35yrs and have managed everything for him ,

I have a solicitor coming tomorrow and I am wondering if I have to pay for this if it's not really needed . I've heard I have to keep receipts for everything and pay yearly for checks on his money which I find insulting ..I tried to apply to renew his HICH , they have said they need a LPA or Court of Protection proof which I have never had to send before ? We have enough red tape to go through I just wish the powers that be would give us carers a break . This new social worker has made a mess of his whole care plan and am now in an uncertain time for my son and myself . Sorry to waffle 😫☺️

[Charlie2750 Community friend in reply to Tracidu]

Hi Tracidu

What is HICH never heard of that?My son is 32 and just receives benefits of ESA PIP and Universal credit and I am his appointee.I have never had to prove what I do with his money yet! He has day care 5 days a week which costs the County council £52 per day.They pay aprox £900 per month into a separate account and I pay the day centre each month.This is Direct payments and initially I had to send a bank statement and invoices to them every 3 months and now I have been told that I can do this yearly.He (via me) pays £86 per month into the directs payments account.(his contribution) and also he pays (again I do from his account) for transport monthly which amounts to £5 per day each month.The only reason I had thought of Court of Protection was because I was buying premium bonds on his behalf, however I learnt that if he had £6000 + in savings it would affect means tested benefits eg ESA Direct payments and Universal credit.It is only a small cost £1 for every £250 above £6000 but if you had £60000 then benefits would drop by £216 and I think in fact that you wouldn't get benefits apart from PIP..

Who arranged for solicitor and why? Perhaps it is their legal adviser but you shouldn't have to pay.Court of Protection costs£400 for money control and you have to send in receipts etc.

I am only reporting my own knowledge and I am not an expert but Mencap might offer advice better than mine.Good luck

[Tracidu in reply to Charlie2750]

Sorry I meant EHIC card . (European health insurance card)

I was told by the social worker that I needed court of protection to deal with my sons affairs, she gave me a number for a solicitor that would do it for me for a fee , I made enquires with a local solicitor who quoted £1000,s plus yearly cost so I made an appointment with the one she recommended. I was just wondering if it was really necessary to have it for him as I have looked after his financial and health affairs for the last 35years , My son has a financial assessment every year which there has been no problems with . His day care gets paid direct to the care agencies from the Council and I pay for respite from a direct payment which I keep all receipts and show the assessors when they come to my home .

The social worker said I may not have a say with his health if he goes to hospital or were he can go if in the future he needs to move to supported living which he will need 24/7 care .

[Charlie2750 Community friend in reply to Tracidu]

Hi I am sorry but we appear to have hi jacked Bristolroverd5555 thread.

You don’t need Cof P to look after sons money nor health unless you object against some Dr advice. If you obtained Cof P for heath I believe if Dr thought you ideas were risky they would appeal to the high court.

These are only my opinions. A knowledgeable Carer should ask your opinion if there was a health problem unless it was urgent and they had to act in your sons best interest. Good luck for tomorrow

[Bristolroverd5555 in reply to Charlie2750]

Really appreciate your reply.thanks mark

[Sarah_Mencap]

Hello Bristolroverd5555

This is something that I think a lot of people find very complicated (including me!). I don't think you are bring over protective - it is great that you are exploring all options and working out what is right for your daughter.

Mencap has a few things that you might find helpful:

* mencap.org.uk/sites/default... - This seems to be a good starting point

* mencap.org.uk/making-decisi...

It would also be worth getting in touch with our helpline. They have trained advisors who will be able to talk to you more about your situation. You can email the helpline on [e-mail] or call: 0808 808 1111

Best wishes

Sarah

[Sarah_Mencap]

Hello Bristolroverd5555

This is something that I think a lot of people find very complicated (including me!). I don't think you are bring over protective - it is great that you are exploring all options and working out what is right for your daughter.

Mencap has a few things that you might find helpful:

* mencap.org.uk/sites/default... - This seems to be a good starting point

* mencap.org.uk/making-decisi...

It would also be worth getting in touch with our helpline. They have trained advisors who will be able to talk to you more about your situation. You can email the helpline on [e-mail] or call: 0808 808 1111

Best wishes

Sarah

[Bristolroverd5555]

Big thank you Sarah ,mark