authorities what rights do they have to control a vulnerable adults life and be unprofessional why are they getting away with this crime

Food for through about this capacity business can any one answer me a question now my brother has been given full capacity and the authorities are playing this get out of jail free card well my brother has autism challengeing behaviour and learning difficulties now can any one answer me this question how and who is going through my brothers personal correspondence and opening his letters and bank statements and private and confidential correspondence when he can't read and write and the authorities have given him full capacity is this not breaking the law by opening someone's mail and correspondence is this not invadeding someone's privacy and is this not suposed to be data protection because this is what the authorities say to me when I ask a question about wanting to know something privit with my brother there answer to me it data protection and he has to give is concent for us to release and private and confidential information yet someone is opening my brothers privit and confidential correspondence and looking at his bank statements and you know all the private and confidential correspondence that you your self should only know about when you have got full capacity because to be in control over any onese finances and affairs and have a say in there health and social care there should be a deputyship in place and a court of protection saying they dont have the capacity to take care of the own finances and affairs so again the authorities are just using and abuseing my brothers mental some where along the line for there own gain are they not because none of his family are allowed to know anthing about our relative but the authorities have got full control over all aspects of his life don't make any sense to me 💙

[49Twister]

They probably say they have permission off your brother to open his mail !! You have certainly made me aware of this full capacity carry on and I was wanting my 47 year old son to have a capacity assessment but have decided against it after reading the problems you have had. I had enquired about it and was told the social worker would do it yet she hasn’t even met him. I presume I need to get deputyship, this has never been suggested to me and he is 47, I am his appointee. If anyone can advise would appreciate it. Hope things improve in your situation Pickandmix.

[Hidden in reply to 49Twister]

Yes a deputyship if you read about this on the net it will give hopefully the right decision for you and your son and yes they are are saying he is giving consent I have a phone consultation with my brothers doctor this coming friday have I got some questions for her she want know what has it hit her when I have finished I have one of my sisters who is supporting me so together we will do I hope Many thanks and glad I told you about this get out of jail free card these authorities using capacity and consent with extremely vulnerable adults yes a deputyship would help to have a say in your sons health and welfare and the authorities will not have another vulnerable adult in there clutches to use and abuse I think if more people who most sertaly have a extremely vulnerable adult in there family a deputyship would absolutely be the best bet and hopefully it would stop these authorities from using and abuseing these extremely vulnerable adults and using them for there own gain

Absolutely a very good idea before these rats get away it again

All the best hope every thing works out for you all the best and most appreciated for your support 💙

[SpeedyH in reply to 49Twister]

49Twister. A Deputyship from the Court of Protection is only awarded by the Court if the person lacks capacity to make their own decisions. So perhaps someone with a profound brain injury or profound learning disability. If the person is able to understand and agree to someone else helping them to make decisions then a Lasting Power of Attorney is more appropriate. Please don’t be put off by Picnmixes personal circumstances and lack of trust with their social care department - your social worker is really the best person to advise you and they deal with capacity issues all the time.

[49Twister in reply to SpeedyH]

Thanks SpeedyH, I was actually just talking to my dr who is also my son’s dr as well and we thought LPA was probably the way to go. He does have severe learning disabilities so is able to make small choices. The social worker we were allocated last year at the beginning of lockdown doesn’t exactly fill me with confidence unfortunately, been trying for sometime (since we’ve been able to) to just meet up with her but it’s like pulling teeth!! Thanks again

[SpeedyH in reply to 49Twister]

Don’t forget that applying for LPA is a very simple set of two forms online. One for Finance and one for heath and wellbeing. Once you have these, you will be able to sign contracts for tenancies, run bank accounts, everything you would do for yourself. With the health and well being one, you become an ‘authorised person’ able to make decisions about your son, not just be involved. It’s well worth doing and it is FREE if your son has a low income, or is on certain benefits and has low savings. Solicitors charge hundreds of pounds so it is really sensible to fill the forms in yourself if you can. If your doctor is also in agreement that this is the way to go, then I’m sure they will happily sign their bit of the form to say that he understands what the form is for and wants you to help him make the decisions that he can’t make himself. x

[49Twister in reply to SpeedyH]

Wow thankyou for that, that’s the next thing on my to do list. What great advice you seem very knowledgeable on these issues. Is there a particular online site you would recommend?

[SpeedyH in reply to 49Twister]

You do it here:

gov.uk/power-of-attorney

First it will ask you to set up an account. Then you can complete the first of the two forms (either the finance LPA or the health and welfare LPA). You can use the information you entered in the first form to automatically fill in most of the second form. Then you print off the forms, including the form to get remission from the fees, get everyone to sign in the right place in the right order and then post it off to them. You need to think about who will be the attorneys, obviously you but perhaps another couple of family members too? You can also appoint a replacement attorney who takes over if one of the originals can no longer do it. There is really good guidance to the form, checklists as you go to make sure you are doing it right, and also a very helpful and friendly helpline. Just go through the process slowly and carefully. It isn’t hard, just a bit longwinded.

Word of warning, there are websites which charge for doing it just like there are websites that charge for doing other free stuff like renewing your driving licence. Just make sure you do it directly on the gov.uk website.

Oh, and set them up for yourself too once you have done your son’s!

[49Twister in reply to SpeedyH]

Thanks again my job for the weekend. x