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Power of attorney- mentally ill family member

89 replies

Resisterance · 28/12/2023 15:39

My sibling has been seriously mentally ill (not formally diagnosed but some form of schizo affective disorder) for many years and lives with our parents. He doesn't leave the house or we anyone. He doesn't exist anywhere and there is no record of him ( I.e. no benefits etc) because he thinks he's being followed by an enemy country. He isn't.

As my parents are getting older and rent rather than own, I worry about the implications of my siblings' care and support when they're gone. I have asked them to set up an account or some kind of provision for him for this reason but they've just told me ( after years of asking) that they haven't got round to it. In part because they're still in denial about how acute the situation is.

I really think we need something in place to pay into so we can support him in the future. But you can't open an account for someone without their permission. And he wouldn't give permission because of the enemy country thing ... he thinks ' they' would find him.

My parents don't have much money and I'm not in a much better situation (single mum) so there's really no lump sum to give him when they go. So what would be best is an account could pay into monthly to build something up for him. Is there any way to do this?

World we need power of attorney to do so? How can we get this without him wanting to sign anything? What do people do when complex mental health issues are involved? He would fail the mental capacity act so could he be said to give consent anyway?

I've spoken to mind charity but they say there's not much they could suggest. I would really like to find a way to build some safety net for him into the future.

When my parents pass away he won't have any money or anywhere to live so it's concerning me how I would manage to support him as a result.

OP posts:
dlago · 30/12/2023 12:22

Be clear you won't become his carer.
Be clear you love and care for them.
First step would be to speak to family gp to get your parents support

Janedoelondon · 30/12/2023 12:25

Hi, sorry; I haven't read the whole thread but didn't want to read and run.

Can you have a quiet word with your family GP about your brother; explaining the situation and perhaps try and organise a home visit of some sort?

It will be key he gets the help he needs in order to get better. If he won't go to the doctors himself then would suggest this as a good back-up to start with :-)

All the best.

Janedoelondon · 30/12/2023 12:28

ThePoshUns · 29/12/2023 11:56

Your parents are doing both you and your brother a disservice by burying their heads in the sand.
Your brother is a vulnerable adult, entitled to services and funding.
As your parents age the burden will fall to you. Contact adult social care in your local area for advice.

1000 percent this.

Don't just accept he won't get better. With the proper support, he might! Why rule it out?

wudubelieveit · 30/12/2023 12:49

I would also ask them if they are scared of anything happening to him or them? Having had to deal with a mentally ill parent who was very paranoid, that paranoia can be very infectious and it might be that they are worried of how his behaviour will be towards them if they are wanting to introduce outside agencies. The fact that they have acquiesced over many years with his isolation could indicate there is something going on along these lines.

rickyrickygrimes · 30/12/2023 13:27

Resisterance · 30/12/2023 11:29

Could anyone recommend how to approach a difficult conversation like this with my folks? Is there a fact sheet for this somehow?!

it’s not going to be easy. and it likely won’t be resolved in one sitting.

you can’t control how they react, what they say, what they choose to do. Only what you choose to do. Don’t let your parents choose for you: they don’t get to do that.

you’ve already taken the first step by opening up here. and I really admire you for doing that, and coming back even after the initial response which must have hurt a bit.

The next step is to think about where your limits are - what you are willing to do and to not do. This is what you get to decide.

The closest similarity I can think of that I’ve had is DHs dad trying to care for MIL at home, long after the point that he couldn’t and was actually putting her in danger by insisting that he could and not accepting outside help. He believed he was doing the right thing too - but it resulted in MIL becoming seriously ill, falling often and not taking her meds. Best intentions, eh?

CoatOfArms · 30/12/2023 13:27

We have a similar situation in our family @Resisterance and it's very difficult. The person involved in our family is a lot younger, late 20s. Finished school at 16 (although had been school refusing for at least a year before that) without any qualifications. Since then he has been in the house. Never worked, no training, no skills. Will not see the doctor, is not on the radar with Benefits or any authority as he has never claimed any money and is being wholly supported by his parents. Parents are in their late 50s so could have another 20-30 years, so the problem is being brushed under the carpet, not spoken about, parents carrying on as if it's entirely normal having this adult child who never leaves the house. We have already had the "what happens when the parents are no longer there" convo and nobody seems to have a plan.

Obviously "just get them sectioned" isn't going to happen, and good luck to anyone trying to manhandle a reluctant, strong adult to the GP against his will.

StandByMode · 30/12/2023 14:39

@Resisterance I had a similar situation with my dad who has dementia. My mum was supporting him in a similar way to your parents with your brother. My dad began to get very paranoid (and still can be) and I couldn't see a good end to the situation.

I approached social services and the GP. The GP invited my dad in for a routine assessment and he refused to attend. Social Services also sent an appointment through to my dad who refused to go. In the end, they attended the house on several occasions, tried to arrange appointments several times etc, and he wouldn't let them in to talk to them and then they decided that he needed assessment so he was sectioned with a section 2. He was taken away by ambulance after being assessed by 3 people (doctors and special social worker) in the presence of police. After 28 days, he was further sectioned on a section 3 (he spent nearly a year in a psych hospital)

He's now a care home and despite his dementia, much improved. He's less troubled. He's now more social than he's ever been. It was the right thing to do even though it was very hard to do. Feel free to pm.

StandByMode · 30/12/2023 14:44

@Resisterance I should add, I also went for Deputyship and now have control of my father's finances. The court of protection doesn't always award health and care guardianship to family members, except when someone is young and is likely to need many decisions making.

I used a solicitor who I'm happy recommending - she was excellent and helped considerably. Feel free to pm for their details. It ended up being quite complicated, yet she was able to help significantly. The LA had involvement due to the implications of Section 117 funding which states that all needs associated with a mental illness where someone was sectioned for more than 28 days (normally) falls due to the LA to fund.

N0tfinished · 30/12/2023 14:49

Power of Attorney isn't an option, as the person in question needs to have capacity at the time it's set up. At least this was the case with my parents. It would be some form of ward of court for your sibling. There doesn't seem to be any option other than social worker involvement for now. I know it would feel disloyal to start this but obviously your parents don't have the wherewithal to face this. So sorry for your troubles x

Resisterance · 02/01/2024 19:57

@happyhamsters that's a really good approach. Thank you for the suggestions.

OP posts:
Resisterance · 02/01/2024 19:58

Thanks so much everyone. I've been away with no Internet but working through your ideas. Really need to tackle this next week when I'll see them.

OP posts:
Resisterance · 02/01/2024 19:59

@Standbymode thanks so much for this suggestion. Could you message me with the solicitor details? Would really appreciate this.

OP posts:
Resisterance · 02/01/2024 20:05

@CoatOfArms I'm so sorry you've got a similar issue. It's so sad. And that everyone just hopes it'll all go away without having to actually address it. The thing is.. my sibling was where your family is now but just 20 years on. It can only get worse if its not managed and then its just really really hard to tackle it.

OP posts:
StandByMode · 12/01/2024 19:34

@Resisterance my apologies, I've only just seen this but I'm Stand By Mode on a name change, and I'll pm you now. My solicitor was excellent, honestly

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