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Elderly parents

At home, no capacity and no deputyship - access to money

233 replies

roundaboutthehillsareshining · 22/07/2025 08:39

So my elderly relative is being discharged home with a care package. Fine, it's what she wants and it's the least restrictive option, so it's got to happen this way (even if it falls apart in a few months and she ends up back in hospital for 6 months). Anyway, there's nothing physically wrong and no dementia. Her team believe she has a new functional MH condition, but that can't be diagnosed in hospital and she won't engage with community care, so that's a dead end.

However, it's likely she's going to be found to lack capacity to manage her financial affairs. Her bank account set up is hopelessly complicated (at her choice) and can only be administered in branch, which she's not going to be able to access.

So if she's at home, and unable to access money, how does she pay for food etc until the deputyship comes through? The family can't afford to subsidise her, she isn't eligible for benefits as she's got money coming in, she just can't access it. So what happens? Anyone been in this situation before?

OP posts:
rickyrickygrimes · 24/07/2025 14:39

if family do not want to blow up the relationship by openly moving to take over her affairs, nor are they willing / able to fund her living costs surreptitiously for 6-8 months, then they probably have no option but to step back and leave it to social services - and watch it fall apart. They can certainly be on hand to report the inevitable failures without stepping in to solve them.

rickyrickygrimes · 24/07/2025 14:35

Hello again OP

does anyone in the family have any kind of constructive relationship with the elderly relative? Is there anyone she trusts?

Unfortunately the reality is that people with mental health conditions who are otherwise deemed to have capacity often end up living very chaotic lives.

what do you think she will do if she is discharged home? what duties are the carers going to be instructed to carry out? And what’s the reporting system if they have concerns?

Cheese55 · 24/07/2025 11:09

Social care will pay the care bill if lacking capacity and then the deputy pays it back when it comes through

MissMoneyFairy · 24/07/2025 11:05

I would suggest the CoP apply or appoint deputies if she lacks financial capacity, they can also appoint a health deputy, the family are under no obligation at all, the ss know this.

Thingamebobwotsit · 24/07/2025 09:52

@roundaboutthehillsareshining I sort of feel you are going round in circles here. You have had the advice. You need to say to SS, GP, and the hospital this is now a safeguarding issue for neglect and get them to step up. You will need to keep reiterating it. As I said previously we had this for my DM and it was a nightmare at the time but you need to keep pushing.

For as long as you relative is deemed to have some capacity SS will not apply for LPA or Deputyship as it will fail. It needs to reach crisis point before they can step in. And it will reach the threshold of a crisis point the more you flag the issues, in writing to SS.

They aren't being obtuse but they need to legally demonstrate they have done all they can to support your relative to return home as that is their right and wishes until such time SS have definitive proof she is not capable of looking after herself. At the point of crisis, the team can step in and demonstrate to the Court of Protection your relative is not fit to look after themselves and it will trigger a whole load of assessments etc. Up until that point your relative could live naked in their back garden playing loud music as long it didn't endanger either themselves or anyone else.

I am sorry you are going through this, it is horrendous, but you need to buckle up for the ride as it is set to get worse before it gets better when someone is still so adamant they have capacity to look after themselves and won't consider LPA etc.

Edited to add with DM it took 5 days of 4 x daily carers visits before the wheels fell off and SS felt able to intervene properly. I suspect if it hadn't been Christmas it might have been sooner.

justforthisnow · 24/07/2025 08:32

roundaboutthehillsareshining · 23/07/2025 23:50

Well it kind of does. Even with deputyship, the family will be blown apart. But assuming it's granted, we can do the right thing, and even if she hates us, we'll have managed her money well and given her a good quality of life. But she will never forgive us for as long as she's lucid enough to understand the situation. As I said in a previous post, she's not my immediate family, she doesn't have to love me, I'm not bothered. But for those in her immediate family who do love her and are involved in the application process out of love, it's going to be absolutely awful...

I think from what you've described you are now having to choose the least worst option. Your relative has engineered her life to ensure no one can help her without causing some kind of meltdown. In the interests of her welfare and safety she requires intervention and if that causes her to have a nuclear blowup, then sadly thats part of the price of keeping her alive and well. Yes, family may not like it, but from the sound of it this lady has form! And ultimately it's better to deal with a non speaking relative who is still alive and kicking, rather than a dead one whose death was potentially preventable if she had had this kind of intervention.
The emotional attachment to her or fear of fallout will have to be parked or disregarded for now, unfortunately, to prioritise the difficult decisions that have to be made to literally keep her alive and with some quality of life.
I hazard a guess based on your posts that someone closer to her is tearing their hair out in frustration and not for the first time with her.

EmotionalBlackmail · 24/07/2025 08:10

The heating oil is a lot harder to deal with than gas though. If she was failing to pay gas bills, there are protections in place for vulnerable customers so she’d just build up debt but still have access to the gas.
But heating oil you pay for when it’s delivered. No payment, no heating oil.

RainSoakedNights · 24/07/2025 06:55

roundaboutthehillsareshining · 23/07/2025 22:09

Not really. You've told me I'd need to apply for deputyship - I know this, however there is a 6-8 month delay in the CoP making orders.Someone will need food, heating oil, electricity, water, house insurance, council tax, etc paid in that 6-8 month period....

You've also told me to apply for appointeeship - I know this, I've told you we're investigating, but need to liaise with her advocate and social services as, if the DWP contact her and have a short conversation, they are likely to find her lucid and able to act as a benefit claimant for herself (and, as I explained, if that happens, she will not apply for benefits and noone else will be able to).

I've looked into Attendance Allowance, and am not sure that she's going to be eligible anyway. She's not received care for 6 months, she has no diagnosed condition nor is undergoing tests for any condition. She's not receiving physical personal care, the care visits are more about personal safety. There's nowhere on the AA form that collects data on capacity...

And I’ve told you multiple times that aside from food everything else can wait!

it’s not always 6-8 months. It depends. I had one come back in 4 months a while ago. One came back in 2. Things are speeding up.

JanFebAndOnwards · 24/07/2025 06:55

I have resigned myself almost to a rocky few months whilst ss try out all their crazy plans and they all fail, and / or my relative refuses their care then deteriorates some more consequently.
He’s going to end up in a home, at which point finances become much easier apparently because a deferred payment order can be set up.
(I know someone upthread said someone would need to sign such an agreement, but Age UK did not mention that issue?)

roundaboutthehillsareshining · 23/07/2025 23:51

JanFebAndOnwards · 23/07/2025 23:45

If you were applying for deputyship it does not matter a jot what she feels really (unless other relatives will side with her and oppose your appointment)

What you've got to understand is that she's not away with the fairies. 80% of the time she's lucid to a greater or lesser extent. She can absolutely understand what she perceives as betrayal....

OP posts:
roundaboutthehillsareshining · 23/07/2025 23:50

JanFebAndOnwards · 23/07/2025 23:45

If you were applying for deputyship it does not matter a jot what she feels really (unless other relatives will side with her and oppose your appointment)

Well it kind of does. Even with deputyship, the family will be blown apart. But assuming it's granted, we can do the right thing, and even if she hates us, we'll have managed her money well and given her a good quality of life. But she will never forgive us for as long as she's lucid enough to understand the situation. As I said in a previous post, she's not my immediate family, she doesn't have to love me, I'm not bothered. But for those in her immediate family who do love her and are involved in the application process out of love, it's going to be absolutely awful...

OP posts:
JanFebAndOnwards · 23/07/2025 23:45

If you were applying for deputyship it does not matter a jot what she feels really (unless other relatives will side with her and oppose your appointment)

roundaboutthehillsareshining · 23/07/2025 23:41

BooneyBeautiful · 23/07/2025 23:27

When my DM became too poorly to live on her own, she came to live with me and she just signed a form with the bank to say I could sign cheques on her behalf. This was 24 years ago though, but I assume it must still be possible. What have the bank advised?

Attendance Allowance isn't means-tested, so you don't need any financial details to apply, providing you get to be her appointee. Ask the Attendance Allowance people for advice.

So we're in a very difficult position here. If I apply for AA and appointeeship, the DWP speak with her to confirm the appointeeship arrangement, find her lucid and she understands that I applied on her behalf, our relationship is totally and irrevocably destroyed.

To reiterate, this person, if they had capacity, would refuse any external involvement in their financial or personal affairs. They have gone NC with family members for a far less intrusive involvement than we're discussing now.

I have to know absolutely before I press that nuclear button on trying to take any control, otherwise we're all scr*d, and it will be very difficult to access deputyship or further support in the future....

OP posts:
roundaboutthehillsareshining · 23/07/2025 23:36

BreezyPeachGoose · 23/07/2025 23:32

What's the IMCAs advice?

That "ooh, this is a bit of a tricky one isn't it. We don't normally see situations like this in the elderly population"

That's about it....

OP posts:
BreezyPeachGoose · 23/07/2025 23:32

What's the IMCAs advice?

BooneyBeautiful · 23/07/2025 23:27

roundaboutthehillsareshining · 22/07/2025 10:50

Eventually she's going into a care home. It's inevitable and noone in the family opposes it. But we have to jump through this step first because she can clearly articulate her wishes and her wishes (and the least restrictive option) is for her to return home with a care package.

The issue isn't about getting access to benefits that we may not even be able to apply for even as an appointee, because we can't access her banking details, so can't complete any means test or provide income/savings details. We are separately getting advice from SS and her advocate on how to apply for appointeeship, as she presents as very functional and capacitous in a short conversation, especially one she knows is with "authority".

My question is just about what happens if someone is unable to access money and is discharged home. This must have happened to other people?

When my DM became too poorly to live on her own, she came to live with me and she just signed a form with the bank to say I could sign cheques on her behalf. This was 24 years ago though, but I assume it must still be possible. What have the bank advised?

Attendance Allowance isn't means-tested, so you don't need any financial details to apply, providing you get to be her appointee. Ask the Attendance Allowance people for advice.

roundaboutthehillsareshining · 23/07/2025 23:24

JanFebAndOnwards · 23/07/2025 23:15

Age UK have a money management service, very clued up on what they can and can’t do legally. May be worth you ringing your local office and discussing. They couldn’t help me but informed me so I could tell ss why their ideas weren’t feasible. 👀

Ahh Ok, I might give them another go. They weren't great on older people with functional mental illness (as opposed to neurological deterioration) last time I called them about this, but maybe for concrete advice about law and money they will be better?

OP posts:
roundaboutthehillsareshining · 23/07/2025 23:20

Iwrotesomething · 23/07/2025 23:14

See if you can go back to the hospital ones for ‘advice’. They have seen everything before, and more, and have a vested interest in ensuring that she doesn’t return.

They sorted out near miracles for me - from what you are saying I think I was dealing with similar house issues.

We know the hospital SS worker very well, after having supported another member of the family. He's told us he is no longer able to help, as the case has gone to the discharge team. So unfortunately not an option

OP posts:
JanFebAndOnwards · 23/07/2025 23:15

Age UK have a money management service, very clued up on what they can and can’t do legally. May be worth you ringing your local office and discussing. They couldn’t help me but informed me so I could tell ss why their ideas weren’t feasible. 👀

Iwrotesomething · 23/07/2025 23:14

See if you can go back to the hospital ones for ‘advice’. They have seen everything before, and more, and have a vested interest in ensuring that she doesn’t return.

They sorted out near miracles for me - from what you are saying I think I was dealing with similar house issues.

roundaboutthehillsareshining · 23/07/2025 23:11

Iwrotesomething · 23/07/2025 23:10

Are you dealing with the LA social workers or those in the hospital?

LA social workers - the hospital workers referred the case on.

OP posts:
Iwrotesomething · 23/07/2025 23:10

Are you dealing with the LA social workers or those in the hospital?

roundaboutthehillsareshining · 23/07/2025 23:01

Ilovethewild · 23/07/2025 22:57

As I said SS will complete the form, they are used to it, and those who claim AA or help people claim it are used to answering the questions.
you don’t have to worry.
if she lacks capacity to manage finances then SS will help.
They can also provide food vouchers for carers, age UK etc (they obviously don’t advertise this fact else everyone would want free food! But for those individuals with no access to funds and no one to help, then they cant send someone home to no access to and no food, it’s safeguarding. They would be sent back by carers.

SS have said that they won't act as an appointee or apply on her behalf, that it's on us to apply for appointeeship/LPoA/Deputyship. Any attempt to ask questions about finances is rebuffed with "Deputy/LPoA needs to make arrangements".

They know damn well there's no deputy in place and LPoA isn't an option. But don't provide any other solutions.

OP posts:
Ilovethewild · 23/07/2025 22:57

roundaboutthehillsareshining · 23/07/2025 22:43

I'm not sure she will. The AA form seems to specify care required for the last 6 months, which it hasn't. It asks about illnesses, disabilities and medication - we don't have anything to write in that as she's not on any medication and has no diagnosis. It asks for support in showering/bathing - she can't access her shower and SS know this, so that doesn't apply. She doesn't have a washing machine or means of doing laundry, so not sure how much the clothing questions will apply, she doesn't sleep in a bed as she can't access the bedrooms, and she doesn't do anything outside the home so none of those questions apply. I genuinely don't know how we'd fill out the form so that she'd be eligible....

Yes, SS are aware of all of this....

As I said SS will complete the form, they are used to it, and those who claim AA or help people claim it are used to answering the questions.
you don’t have to worry.
if she lacks capacity to manage finances then SS will help.
They can also provide food vouchers for carers, age UK etc (they obviously don’t advertise this fact else everyone would want free food! But for those individuals with no access to funds and no one to help, then they cant send someone home to no access to and no food, it’s safeguarding. They would be sent back by carers.

JanFebAndOnwards · 23/07/2025 22:56

All of those things you listed are reasons for her to get AA OP!
There is lots of advice online about completing the form.
Why can’t she access the shower - presumably bc physically unable? Put that down!
Just describe her health problems, they don’t have to have a dx.

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