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Social services asking for money..what rights do I have ?

180 replies

onestepat · 02/06/2020 14:21

I was my grans appointee with DWP
She has moved into care home.
They've taken control of finances as it will be government funded
I have gave them bank account details as she has a few thousand in.
She has a tin which has two thousand in.
After speaking with aunt we decided that money (tin money )would be kept with her insurance books and use that when she passes away (hopefully not for years ) to give her a lovely funeral.
Now social services have asked for that tin.
Do I have to hand it over?

OP posts:
onestepat · 02/06/2020 15:04

The social worker told me that because there was no savings and no house to sell they normally took control.
I didn't know what to say at the time so went along with it.
I've been the appointee for over 10 years.
I assumed it was just dealing with my nanas pension etc
Nothing was explained
Is it too late to say no?
They didn't even do a best interests meeting

OP posts:
Beautiful3 · 02/06/2020 15:09

You should not have told them about the tin. would give the tin with only £100 in it and say that that's all there is. You thought it was more but after counting it, that's all there is.

JudgeRindersMinder · 02/06/2020 15:10

@onestepat

We thought they were just taking control of her pension to pay the home. Can we say we've changed our mind ? Or is it too late ?
If there’s no financial POA then I’m afraid you can’t Confused
Taddda · 02/06/2020 15:10

Would they also ask for her engagement ring? I see cash held privately in a tin as no different. Surely this is part of her estate, not financial income/details? Or do they now sell everything of monetary value off if granted/ given financial permissions??

If you can take back control I'd do so.

onestepat · 02/06/2020 15:15

@JudgeRindersMinder we haven't signed anything does that make a difference ?

OP posts:
onestepat · 02/06/2020 15:16

They didn't say we have to take control
They said it would be easier
So could we not just say we don't want you too?
Surely they can't force it
I'm confused

OP posts:
em90792 · 02/06/2020 15:16

Can you contact a solicitor for legal advice?

MrsClatterbuck · 02/06/2020 15:17

It sounds like your gran is now under the Office of Care and Protection. Though I thought they could appoint a family member to administer the accounts but under their oversight. They are now in charge of her money and have to account for every penny. Everything must be seen to be above board.
Unfortunately they cannot be seen to take your word that this money will be used for her funeral. Also as people have mentioned they will not spend down to her last penny. Once her assets have been spent the last 16k cannot be used to pay care fees.

BlackAmericanoNoSugar · 02/06/2020 15:18

Can you use the money to pre-pay for her funeral? Then tell social services that you did so at her request.

Taddda · 02/06/2020 15:19

Tell them you don't want to- you haven't signed anything?? Just say it's been a family discussion and decision made.

MrsTerryPratchett · 02/06/2020 15:20

I would talk to the CAB. It's really serious lying to social services and I wouldn't. As a SW if a family lied it would flag a concern about financial abuse. I'm sure you're lovely but many people take elderly peoples money at times like this.

I would also have a think about whether you're focusing on the money because you're really upset about her deteriorating and being in a home. It's just money, maybe you're upset about the situation not the money.

bethg21 · 02/06/2020 15:22

is your nan under mca or dolls ? because if she isn't she still has the right to decide what to do with her money and who can help her manage it

onestepat · 02/06/2020 15:23

What it is is I've done everything for my gran for years.
I've been able to make decisions for her and what I thought was best.
I would want to keep being able to make decisions for her.
If I had realised I could still do this I would.
It sounds stupid but she isn't just my gran she's my mum.
I feel like they've stole her away
They wouldn't allow her home with carers
Now they trying to dictate everything

OP posts:
NotSuchASmugMarriedNow1 · 02/06/2020 15:27

Just say you can't find the tin.

Collaborate · 02/06/2020 15:32

It cannot be used to top up her care home fees.

See para 5 here www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs10_paying_for_permanent_residential_care_fcs.pdf

However someone will have to be appointed by the Court of Protection to act as her deputy. If no one in the family has done that it is possible that someone from the LA has done so (though they should have asked family members first so quite possibly they haven't), in which case if they prove they have been appointed deputy you must hand it over.

If there is no one who is deputy someone in the family needs to make that application as soon as possible.

Taddda · 02/06/2020 15:35

You sound really upset by all of this @onestepat. I don't think the money has anything to do with how your feeling its that all these people are now taking over yours and your grans life and making decisions you know she wouldn't be in agreement with?

I'd be honest with them about this, and seek some outside advice. I'm sure you dont want this to take over the valuable time you have left with her. Flowers

dontdisturbmenow · 02/06/2020 15:37

People saying that you should lie are really annoying me. You agree to disclose her financial information so it was right to do so and it is right that if they are now legally responsible for her money that they should want control over ALL of her money.

It doesn't mean that they will spend it on her care fees. As a matter of fact, keeping that dum for her funeral is likely to get something they approve of.

Taddda · 02/06/2020 15:38

What @Collaborate has posted sounds like really important info, I'd make that phone call asap.

Footywife · 02/06/2020 15:39

It sounds to me like they have some concerns over you...that somehow the money would "go missing" if you kept it.

DO they have any cause to be concerned?

SinisterBumFacedCat · 02/06/2020 15:41

If she has no savings at all and no other assets surely this falls within the ring fenced £16K?

copycopypaste · 02/06/2020 15:41

I would strongly advise you to speak to a solicitor that specialises in this sort of thing. Dwp and Ss aren't always correct in what they say, and it's far easier if you can refer to the letter of the law.

Tell them that you're seeking legal advice and will respond In due course.

Taddda · 02/06/2020 15:41

@Footywife

It sounds to me like they have some concerns over you...that somehow the money would "go missing" if you kept it.

DO they have any cause to be concerned?

I don't think it sounds like that at all. If the OP hadn't been honest and disclosed it they wouldn't have been aware of it in the first place.
curtainsforme · 02/06/2020 15:42

It sounds to me like they have some concerns over you...that somehow the money would "go missing" if you kept it.

DO they have any cause to be concerned?

What. The. Fuck.

Footywife · 02/06/2020 15:43

@dontdisturbmenow. Well said. People are jumping to conclusions without knowing the full facts.

TitianaTitsling · 02/06/2020 15:43

Does she have savings in the bank?

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