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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7088
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My mother has just gone into a care home. She has mental

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My mother has just gone into a care home. She has mental capacity. I do not have or want Power of Attorney. I am being told I am responsible for her finances etc. Am I legally obliged to be responsible for her? I have refused to sign any paperwork.
Assistant: Where are you located? It matters because laws vary by location.
Customer: Wiltshire, England. Thank you.
Assistant: Has anything been filed or reported?
Customer: Please could you explain?
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No thank you.
Customer: replied 6 months ago.
I have also been told that if I am refusing to deal with her paperwork that I must arrange a solicitor who can appoint a person who can take over responsibility, as she cannot do this herself. Can I refuse to do this? Having taken care of her for 10 years and suffered considerable abuse, I now choose to have zero responsibility.
Customer: replied 6 months ago.
I am her next of kin.

You are not legally responsible for your mother unless you choose to be and you cannot be forced to accept responsibility just because you are her daughter.

In addition, you do not have to arrange a solicitor or anything else.

The local authority are trying to make you accept what they say as it makes life easier for them but local authorities have their own departments that can apply for a Power of Attorney or Court of Protection deputyship depending on whether your mother does have mental capacity or not and they can then run her finances.

If there are any further points please respond I will be happy to reply.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes


Customer: replied 6 months ago.
Thank you for your reply. It is the the care home that is pressuring me. My mother is self funded but only for 10 weeks when her funds fall below £23250. They are contacting my mother’s previous local authority which is different to the area the carehome is in and they are worried because they have not had any payment. I assume that the carehome cannot force me to do anything either?

No they cannot force or pressurize you either.

They need to resolve this with the local authority not you


Michael Holly and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you, ***** ***** for your very helpful reply. I now feel able to stand my ground and do what is right for me. I am very happy with the information you have given me. Kind regards, ***** *****.