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Elderly parents

Belongings - deciding what happens

9 replies

BiarritzCrackers · 23/08/2019 13:58

I am struggling to establish what is supposed to happen to my mother's possessions. She has dementia and is being funded by the LA to live in a care home. The flat that she owns still has her things in it though, and she has a lot of things! I can only think of one item that I would consider 'valuable' (worth about 1-2k).

A professional Deputy was appointed to manage her affairs, as my siblings and I were unable to do this for various reasons. The Deputy is selling the property, so the funds can go to the LA to contribute to care; all fine.

The Deputy has also said they intend to sell the items my mother has that are 'of value', so that money can also go to the LA. The law doesn't require that, so I am a bit baffled by it. Sometimes, I think I would like to house her stuff that I am able to take away, but I don't know if I can do this, or would it be seen as some kind of theft?

We all have had difficult relationships with our mother for decades, but the idea that the Deputy can decide to get rid of her things (not only hers, but my father's items, and my grandparents') is upsetting. Does anyone know whether, as her child, and with the agreement of my siblings, I can store her belongings in my home? I know she won't use them again, so 'storage' isn't really what's happening here, but I don't think it is greedy or unreasonable to want my family's things.

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HappyHammy · 23/08/2019 14:29

Would mum want all her things sold. Would she have wanted some items kept in the family. Are they insured. I would speak to the public guardian office for advice. Do you think she may have a will that says anything about possessions

Sooverthemill · 23/08/2019 14:39

All 'assets' are considered capital and therefore can be put towards the costs of care. So: paintings, jewellery , a vintage car . Things that can be sold which have a value. Generally personal stuff doesn't count eg wedding ring. Capital is money and also the money invested eg bonds, stocks and shares

BiarritzCrackers · 23/08/2019 14:46

Thank you for answering.

I am absolutely certain she would have wanted her family to have her things. When relations were good between us, she used to always try and pass her possessions off onto us.

No Will has turned up yet. I think there will be one; it would have been out of character for her not to have made one when we were children.

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BiarritzCrackers · 23/08/2019 14:56

My mother doesn't have anything that is considered as an asset under the Care Act. The Age Uk helpline verified that the kinds of things we are talking are not considered capital - there are no cars, jewellery, or anything of that nature.

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Sooverthemill · 23/08/2019 15:48

Then they shouldn't be sold. You need to get advice on what the Deputy is doing

Sooverthemill · 23/08/2019 15:52

Ask the Office of The Public Guardian for advice. The Deputy will have been told what they can and cannot do

HappyHammy · 23/08/2019 16:58

Like pp have said get in touch with the OPG. In the meantime I would gather up all the items you and your siblings would like to keep, photograph them, itemise them in a book, put them into a storage box and keep them safe somewhere. If she had insurance you could always call them and ask for their advice.

HappyHammy · 23/08/2019 16:59

if the Deputy claims to be able to sell things "of value" does that mean they have to have those items individually valued professionally, keep records of what money is raised and how it is spent.

BiarritzCrackers · 27/08/2019 10:52

I've talked this through with family this weekend, and we're all pretty of much one mind, to push back on this, and keep our Mum's stuff for now. I can't identify anywhere, however, that her family have any legal right to insist upon storing her things.

The thing that is bothering me most about this is the Deputy misrepresenting the law, as it doesn't bode well for everyone's future relationships with her - she is going to be someone we have to deal with for a considerable time.

Thanks for the advice, will talk to the OPG if it comes to it.

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