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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25425
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother (92) has dementia and has just moved into a nursing

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My mother (92) has dementia and has just moved into a nursing home as a self-funder. My father (93) doesn't believe she has dementia and won't talk about her money, which is separate to his, they have no joint account. Neither has made wills. The home must be paid for so can I apply to the court of protection to access her money without my father, or must he initiate this procedure?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Am I right to assume from what you say that your father has full mental capacity himself please?
Would your father object to an application by you for deputyship for your mother?
How far in arrears are the care home fees?
Customer: replied 2 years ago.

Thank you, ***** ***** father has full mental capacity and although he wants me to have power of attorney he is not very cooperative in providing information re finances. He will not object to my application but I'm not sure if I'm up to the job if gathering all the relevant information proves difficult, and could not cope with mounting legal fees on top of everything else. I know that the procedure takes months and have to hope that my father will pay in the meantime.

Expert:  Joshua replied 2 years ago.
thank you very much for the above. If nesting fees are not paid, and no family member takes action themselves in respect of an application to be appointed as deputy for your mother, then what would normally happen is the council social services department will apply for deputyship for your mother and look to manage her finances for her. In most cases, families prefer not to have social services managing finances, and your father in particular may find this intrusive and although social services by a large to a perfectly acceptable job, there is often tension between families and social services in how they manage finances because social services will typically manage them in a manner that is most efficient from the council active which will not always be what the family considers to be best.therefore, generally if one or more members of the family is prepared to do so, it will be preferable for one or more parties from the family to apply for deputyship themselves rather than leave this to social services. You may find if you explain the above is your father, he may become more cooperative, though you may not.in any event, your father or you or any siblings you may have obvious candidates to apply for deputyship. Your father may not be ideal unless he is in the view of the court fully capaable of managing your mother's affairs in her best interests. There is no universal rule and your father circumstances would be assessed individually but as a general overview, as persons reach their 90s, they generally become less able to deal with their own affairs let alone the affairs of someone else but your your father maybe fully capable of doing so and where he is there is no difficulty in his applying either on his own or jointly.In order to apply for deputyship you or your father (if he wishes to apply jointly with you) need to complete application forms and ask your mothers GP to provide an assessment of mental capacity. The forms you need are here:https://www.gov.uk/become-deputy/apply-deputyThere is a fee of £400 to pay with the application and if there is a hearing - normally there will only be a hearing if objections are received - a further £500 is payable. Normally these fees can be claimed back from your mothers assets. If no objections are received and you have no history of insolvency and have no unspent criminal records, normally the court will be happy to proceed without a hearing and appoint you as deputy after which you will have full access to your mothers assets subject to the overall oversight of a court officer who may review matters from time to time and can pay her expenses as they arise and generally manage her affairs in her best interests.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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