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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34907
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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Hi,In December 2012 my father had a fall which resulted

Customer Question


In December 2012 my father had a fall which resulted in a blood clot on the brain and emergency surgery. Since then he was in a Care Home, resided independently in Sheltered Accommodation, was admitted to Hospital after a further fall and is now in another care home suffering from Delirium.

When my father was in a position to make decisions, he gave his bank card and PIN to his partner to make payments on his behalf. My Mother and Father have been separated for over ten years now, but are still legally married as my Father never wanted a divorce.

Since then, my father's condition has deteriorated and he is now no longer to make decisions. I have been asked by the Social Worker to complete a Financial Assessment Form for the care home to ascertain how much of his pension will be needed as a contribution towards his care.

I received the paperwork from the partner recently and I was shocked at the number of cash withdrawals that have happened since his fall. I spoke with the Police and the Bank who have advised there is nothing they can do without a court order.

I am aware that under the Mental Capacity Act that I (or my mother) am able to obtain Apointeeship, but not POA. I have a few questions:

Is my Mother still able to apply for Appointeeship even though they have been separated for over ten years?
Is the Social Worker allowed to apply for Appointeeship on behalf of the Council without my consent? I am registered as next of kin at this stage - however, if the answer is yes to the above question then my mother will be next of kin.
Can I stop the partner seeing my father in the care home?

Many thanks,
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question I shall do my best to assist you
Whilst there is nothing to prevent your mother making the application it is more likely to leave it open to a to a challenge then your making the application would
I am afraid that being an Appointee would not give you the right to ban the Partner - especially if your father had previously named her as his partner on official paperwork
However if you applied to be appointed as his Deputy - details here
Then you would have that power
I hope that this is of assistance - please ask if you need further details
Customer: replied 4 years ago.

Hi Claire,


Thank you for your email, I will speak to the Court of Protection tomorrow. Can you just confirm the point about the Social Worker not being able to take it upon herself to appoint the Council as the Deputy without prior agreement from the next of kin? In this instance I would assume this would be myself in my capacity of the eldest child?


Many thanks,


Expert:  Clare replied 4 years ago.
If no one from the Family will step forward then yes the Council can take this action - indeed they have to