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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My Mum is elderly and in a care home. She has dementia. My

Customer Question

My Mum is elderly and in a care home. She has dementia. My brother has not got poa or deputyship however he is renting out her house. My Mum is under section 117 care. I buy her all she needs and my brother hardly visits her or much less provides.
The estate agents managing the house say they will not give me any information due to data protection. The tenant herself refused to give me any evidence. My brother has now put in a deputyship application. I have no evidence to prove he is not fit to act-but I know the situation is real. What on earth can I do?
Submitted: 3 months ago.
Category: Family Law
Expert:  Clare replied 3 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Can you prove that he has been letting the property and not using the money to benefit your mother?

Customer: replied 3 months ago.
No I can't. Mum moved in April to New home. In previous home the mgr told me Mum's place was free.mgr told me brother paid nothing to her care.Brother told me it was free. I think its section 117 after care.
I buy everything for Mum. All she wears and all for her room. I cannot see any benefit to Mum from the rental. Brother has insisted I cannot take Mum out and no visitors take her out-so it doesn't go on Mum socialising.
But the money may be going into an account for Mum. I don't know. But it is not spent on her. It must be at least 5-600pm rental for the house.
Customer: replied 3 months ago.
She needed nursing care so she had to move. She gets NHS funded nursing I think £100pw or so contribution frm NHS for her.
Customer: replied 3 months ago.
The family did not want anyone to be a deputy for Mum. That makes me suspicious 're the rental money. They asked me what" good was Mum's money to her now-"the way she is".
Expert:  Clare replied 3 months ago.

Have you been taking your mother out?

Customer: replied 3 months ago.
No because members of the family have made the care home manager agree that I am not allowed. I have a enhanced dbs certificate and there is no reason on my part. My family do not think my Mum should ever go out again because of some of her dementia behaviour. I go with her to hospital vidits and that's it. She loves going outside and there is never a problem.
Customer: replied 3 months ago.
I want to make sure my Ms money is spent on her so I want to help her and object to his application. I want to use his rental of the house as proof he is unfit. But without a piece of paper to show it what else can I do?
Customer: replied 3 months ago.
Clare the system on this site has made a mistake. It says the question YOU asked was MY question.
I am still waiting for your answer to my dilemma. Thanks
Expert:  Clare replied 3 months ago.

On what basis are you being stopped from taking her out - the other family members have no more rights than You?

Customer: replied 3 months ago.
The reason has not been given to me just the family have stipulated it and the care home have agreed. No reason appears to be stated . I've seen it written in her care plan and the staff have all been told.
What am I able to do about it?
Expert:  Clare replied 3 months ago.

Who else is in the "family"

Customer: replied 3 months ago.
My brother my Mum's sister and my Mum's neice. I am the eldest teon between me and brother he is the recognised representative of mum but I understand this isn't a legal position for him in terms of banning taking my Mum out. Clare I am asking you what I can do about it and also what I can fo about not getting g paperwork proving he is renting the house out.
Please tell me what to do about these things instead of sending me little questions. Thanks Clare.
Expert:  Clare replied 3 months ago.

You have said that your brother does not hold a power of attorney and has not yet been appointed as your mother's deputy.

The two closest relatives are you and your brother and accordingly you both have equal rights to decide upon your mothers care at the moment.

On that basis you are entitled to challenge the Home and point out that no one has the right to decide whether or not or take your mother out UNLESS the doctor has said she is not fit enough to go out.

If you have been served with the applictaion to be appointed as Deputy that your brother has filed then you are entitled to write to the Court of Protection and express your concerns about the way matters have been handled until now.

It does not matter that you do not have proof - you can simple express your concerns and allow them to investigate

Please ask if you need further details

Customer: replied 3 months ago.
Hi Clare Thank you.
I would ask what form would writing to the court take? I am told I need to file an objection and submit a witness statement.
I am considering asking the court to award a joint application between my brother and myself. But would my concerns preclude this 're appointing brother at all?
ie if I am high lighting these issues why would they appoint him-or if my lack of proof gets him off the hook why would we work well together? It's complex. I'm not sure how to play it.
I considered yday calling my brother and discussing a joint deputyship.
If he won't consider it then I could consider my next move on that basis. ?
Expert:  Clare replied 3 months ago.

Have you actually received notice of his intention to apply?

Customer: replied 3 months ago.
I have. I have now spoken to him 're a joint deputyship and he absolutely will not agree. So I have spoken to solicitors and they say I in no chance of being appointed. All I cd ask for is a panel deputy. However on reflection I am going to phone c.O.p tomorrow and get their opinion. Then I can do the paperwork myself. I've spoken to local advocacy service myself and they think I hv a hood chance. Becsuse mums home is under a warning notice mum needs regular local deputy which cd be me. What do you think?
Expert:  Clare replied 3 months ago.

I suspect that there is a chance that a Court Appointed Deputy may well be the only answer - but you can at least try!

Customer: replied 3 months ago.
I agree I may as well. If they will appoint a panel deputy anyway I may as well have my day in the sun.It may go my way anyway ..it won't be the first thing people have told me there's no chance of and I have been successful. Quite a few things actually. Can I ask some advice about the witness statement please? Tomorrow it will be 're items to include. Thanks Clare!
Expert:  Clare replied 3 months ago.

That is fine

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