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

It sounds like she expresses her views so maybe can tell solicitor she wants you appointed as LPA . But if there is doubt on her capacity then tricky.

If in a care home food will be provided maybe ss can agree to fund an assessment placement for 6 weeks? It all hinges on her capacity to decide not to eat not to buy food etc ? If she lacks capacity a best interests meeting can decide?

How awful for you OP. Sooo difficult.

I guess you will have a few months before the gas and electricity are cut off by which time the deputyship may be through. Food is probably the key issue to focus on for now.

It feels almost impossible to talk to some elderly people, but in my experience once there is a concrete problem in front of them - you only have cuppa soup and bread to eat again today - and they can see that's true, they may accept they need support. Whether you can then get that for them in time is another issue.

The local vicar will have a discretionary vicars fund which can be used in emergencies . . .

Maybe adult social services intervene if you make a safeguarding referral once she is sent home with no access to food? How empty are her food cupboards? You may get a referral to a food bank for her at that point, if she will permit it . . .

Best of luck. It sounds very very difficult

You need a solicitor op
LpA is cheaper and easier to get if she has capacity to say she appoints you
Can she express that she wants you or someone appointed as LPA ? Or not?

Deputyship if she lacks capacity is a whole different ball game and costlier and more drawn out

For now if you want to feed her you might need to pay from your own money and add up bills to maybe get reimbursement from her estate.. or at least compensated via any inheritance? .did she write a will?

Again, no.

OP will have no authority to add a joint signatory to the account. If her relative wishes to do so, she can, but as soon as she loses capacity the joint account is frozen. She has two options - appointee and deputyship, or a capacity assessment that states she has capacity and can make an LPA.

Can’t someone drive her to the bank in the morning when’s she is better and she tells them she needs a person put on her account to pay bills, buy food etc. if she’s not lucid enough she can be fast tracked by opg, took about 6 weeks in our case

Attendance Allowance is not means tested. The form is lengthy and hard going, but you can fill in on her behalf
https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/attendance-allowance/

I know this doesn't help with the immediate problem, but something to think about for the future

I’ve told you.

You apply for a deputyship and wait, and in the meantime either apply to be an appointee or family help out and get reimbursed when the deputyship order is issued. That’s it - if she has capacity she can go down to the bank and get money out but you can’t force her to do that, if she doesn’t have capacity you wait. This is why it’s so important to get a lasting power of attorney in place long before this becomes an issue.

The DWP say a lot of things that they don’t do - worst you can do is try. If it then transpires she doesn’t have capacity and a deputy ship is set up, you go back to them with that.

Why have you asked for help when you shoot down all suggestions?

The worst case scenario is she goes home, self neglects and the council has to apply for a DOLS to take her into a care home - a lot more traumatising than you trying to get an appointee sorted!

I apologise I obviously read the form wrong then.

This isn’t true.

The only person liable is the person without capacity and their estate. Should she lack capacity, her attorney or deputy can sign the paperwork on her behalf - but acting as attorney or deputy. This means that they have signed the paperwork as if they were her. Her estate still remains liable for the payments. Should she die without paying, the fees become an estate liability like any other and must be settled before inheritances are paid.

Please don’t spread misinformation.

I'm not worried about care costs, the council can sort that out with charges on the house,
If your mum doesn't have capacity she will be unable to sign the form for charges on the house. Do you have POA for finance. Someone else with POA will have to sign on her behalf but then they become liable for the payments.

As deputy you have to act in the best interests of ‘P’. Therefore, if she is entitled to the state pension, attendance allowance, pension credit - you must apply for them.

Why would she have to apply for state benefits?

As it was done with her consent I chose to go down this route to make sure she was fed.

In your situation I would tell the hospital she cannot be safely discharged.

OP says she has no cards. She’ll be using cash or cheques, I suspect. If she has a current account that issues a debit card, she’ll just have disposed of that. My parents were the same for a long time, but they came round to using a card in the end.

How does she not have a debit card how did she get her shopping before. Most banks have shut in my area

The OPG won’t help without an LPA. The COP may make an emergency order, but the reality is hundreds of thousands of people are in this situation up and down the country and they need to look for other sources of help before a deputyship order is made.

OP - if someone is appointed as her deputy the first step will be applying for state benefits. So the whole “she doesn’t want them” needs to stop.

How does she normally pay for things? Cash, cheques? Does she even have direct debits for utility bills? What does she say when you ask her how she is going to buy things?

Set up online food delivery, contact her bank, contact the opg for advice and the court of protection may know if a one off decision can be made to access her money or draw out a lump sum.

There is no threshold for appointee. You phone up, either get accepted there and then or you get sent a form and return it. The DWP sometimes visit but in reality it’s a lot less strict. You can then take control of her state pension.

If not, her family will have to help out or social services will need to step in, get DOLS authorisation and take her into care, if nobody will. Presumably bills etc are on a direct debit - but again, bills if unpaid can and will wait for the issuance of a deputyship order. They don’t like to, but they will.

If there is literally no way of accessing her money without going to the bank in person, someone has to take her to the bank in person and withdraw enough money to keep her going for however long it takes until the deputyship comes through.

Does she not even have a debit card? They are automatically generated with a current account. Do you mean she doesn't have a current account? How does she usually pay bills etc?