Adult Sister With Learning Disability

[Beefmann]

My sister is 41 and has learning a disability. We are in the middle of a court case where my father’s second wife is contesting the Will whereby he wanted to look after all parties but for the future obviously my sister took precedence. We’re looking to get a psychological assessment to find her actual capabilities for support, for the court etc. However, the problem is that she is currently living with the widow at the family home in Warrington but want to move her back to Blackburn to be near friends and family but really want to find suitable accommodation for her to live independently (with support). So far we’ve had authorities say they can’t do anything until court case is done. Is there anything that can be suggested to help? In terms of support, housing, general advice...

Thanks.

[BenjiB]

I think you would have to get legal advice on this.

Does your sister have a social worker? Did your dad set up a trust for your sister?

[learner01]

Dear Beefmann, surely an assessment will have to be done of your sister’s needs, capacity etc in order to give the judge a full picture of the situation and I would have thought that a judge could order that one be done, if it hasn’t already. Your sister is entitled to an Independent Mental Capacity Advocate for herself to represent and support her.

If she lacks capacity who has authority to make decisions regarding where she lives etc? Does her stepmother? The Court of Protection can be approached to make a decision as to where she should live and a deputy or deputies could be appointed by the Court to look after your sister’s interests.

It sounds as though your father did what any parent would do to protect his children. It is surprising and concerning that his widow would challenge it. If you suspect that your sister is being influenced or controlled that is I think a safeguarding issue but I understand how difficult that might be to prove. Perhaps you should request that the court appoint an independent social worker to assess the situation.

[LadyPenelopy]

Hi first of all I’m so sorry that your going through this, I completely understand. There are various places like Disability Can Do, Carers Uk, obviously Citizen advice Bureau. Obviously there are ones specific to her needs, so what are her additional needs?

Are you applying for a guardianship or Power of attorney ( it’s depending on area). Also if she will benefit financially you would need to set up a (secured trust fund) which won’t affect her benefits.

I’m not sure if any of this is helpful, all I can say is try anyone (your local mp may be able to point you in the right direction)

Aim for the top, why not your showing you care and will make a noise.

Good luck, don’t give up