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JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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My nan has gone into a nursing home due to dementia . As she

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My nan has gone into a nursing home due to dementia . As she didn't have any savings or a property to sell, her care is being funded by authorities. My question is: is she still entitled to draw her pension. She did accumulate some debt which my mum is paying off out of her own pocket so was hoping to use my nan's pension to cover this. Or do we need to het in touch with pensions to notify them? Many thanks Karen
Good afternoon Karen Thank you for your message. I will do my best to help.Firstly may I ask, has your mother or anybody have power of attorney over your nan? I look forward to hearing from you. Kind regardsKrystel
Customer: replied 2 years ago.
No we don't have power of attorney
Dear *****Thank you for replying.If there is no lasting power of attorney in place to manage your nan's finances then no one really is permitted to make decisions on her behalf. You can have what's called an 'appointee' to manage your nan's state pension and benefits (I wasn't sure if it was a private or state pension that you were referring to). Speak to the Department of Works and Pensions (DWP) about setting that up.In a situation like this whereby the person the matter relates to, lacks mental capacity (due to Dementia etc), someone must apply to the Court of Protection to be appointed as Deputy to manage that person's financial affairs. Your nan no longer meets the criteria to apply for a lasting power of attorney because she has dementia. If she was of sound mind and had full mental capacity she could then choose who she wishes to manage her financial affairs for her. You or your mum can apply to be your nan's Deputy. You can if you wish, apply to be joint Deputies. The application involves a number of forms and a Court fee. The Court fee can be waived depending on your nan's income levels. When you call the Court of Protection and ask for the forms also ask for the Court fee exemption form. Their telephone number is: 0300(###) ###-#### ***** can request for the forms by email:***@******.*** I hope that helps. Best of luck, Kind regards Krystel*Please rate my answer so I can be credited for it.
Customer: replied 2 years ago.
Thank you but my question was : is my nan still untitled to her state pension now that she is in a nursing home that is being funded by the authorities.
Customer: replied 2 years ago.
Sorry s/b entitled
Dear ***** I apologise for the delay.Back to your original question, yes your nan is entitled to her state pension however, how she receives it determines how it is controlled. For example if she is receiving it straight in her bank account, then she can do what she wishes with it. However, from the information you have given me, it sounds as though the authorities are managing the care home fees and associated costs therefore they may have made arrangements for her state pension to be paid directly to the care home. Where the pension does not cover the cost of the care home, the local authority subsidises the rest. Contact the social worker assigned to your nan and/or the DWP to find out whether the care home is being funded with her state pension. I hope that helps. Kind regards Krystel
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