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Elderly parents

No capacity/no POA/no relatives

7 replies

PurpleWithRed · 12/09/2017 08:08

Anyone know what happens to an elderly person with no family or relatives, no POA in place, who lacks capacity to make key financial decisions?

OP posts:
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WinnieTheW0rm · 12/09/2017 19:17

Saw this earlier, posting to bump, because I've experience only within a family.

The Court of Protection is involved somehow, usually it's a family member who is authorised to handle their affairs but it can be any suitable person.

There are a heck of a lot of forms btw, and regular reassessments.

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PeralMePots · 12/09/2017 20:14

Usually the LA will be informed. They then apply to the Public Guardian who will appoint someone to oversee the affairs of the person.

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NecklessMumster · 16/09/2017 14:21

The local authority take it on, social services finance dept. Theyll also do it if there are family members who arent able or willing to take it on

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whataboutbob · 17/09/2017 11:09

What often happens is concerned neighbours, who may have been providing some support, can no longer cope and they contact social services. I'm not sure what happens next but I would imagine that SS apply for a deputyship via the court of protection so they can access finances to pay for care.

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Keychanges · 18/09/2017 17:19

This happened to my neighbour. No family or support other than care package. Unable to stay at home and wasn't deemed to have capacity as has dementia . In a care home now and house up for sale. SS applied for legal guardianship but neighbor still adamant they are going home when I visit care home!

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whataboutbob · 18/09/2017 19:37

It's kind of you to still visit him. Sadly going home is a common theme in persons with dementia. Hopefully he will settle well in the care home.

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BasiliskStare · 19/09/2017 05:20

Purple - that's tricky.

If there is no POA in place , then it is possible for some one else to apply to the Office of the Public Guardian ( OPG) to take over the person's affairs. This is not a quick process, nor is it free. I believe and do someone chip in and give better advice , an e.g. single person with no supportive relatives or friends , SS would take over their finances to pay for care, unless someone else steps in to take over their affairs.
I think both POA and an application after a person has lost capacity are both dealt with by the OPG - difference being , if the person has signed the forms beforehand whilst being seen as having capacity for POA ( I think now called Enduring Power of Attorney or Lasting - can't remember) it is so much easier to deal with. My Fil would not do POA and so when he had a stroke we started down the line of getting a guardianship but unfortunately he died before we could complete it.

Not your point but, in case it is relevant to anyone , there is a Financial POA so you can pay bills etc for a person's benefit - there is also a Health and Welfare one. The latter important if you want the hospital etc to tell you details about a person's condition.

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