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

[onestepat]

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?

Do they Deputyship? Are they actually managing her finances, op, or have they just carried out a Finincial Assessment? If they are legally appointed by the Court of Protection to manage finances, you will need to hand it over, you will have no right to hold it. If she has less than £14250 in savings, that will not be included in a Financial Assessment and can be saved for funeral costs. However, not by you if someone else has legal authority to manage the finances.

The social worker didn't mislead you into anything, you just didn't ask questions. Could they have explained things better? Of course. However you should have asked what would happen once you signed things over to them, what they needed from you. What would happen to her savings. Etc. All of that should have been asked by you before you agreed

Do they have Deputyship? - Sorry about the typos

Never hand cash to anybody. Pay it into her bank account.
Don't lie about it.
Speak to Age UK.

BTW, it takes months for Deputyship to be awarded and the LA taking it on would be a last resort if there was no suitable or willing family member or friend. Appoiteeship just relates to income from the DWP, not property, savings or other income.

If OP’s tin disappeared there’s very little SS or police could or would do.

It doesn't need to disappear. Are you seriously advocating theft because the police won't do anything?

Seems they have control of all of her money. You are likely to have to hand it over. But expect them to pay that money into her funeral as you stated it was for.

Does your gran have capacity to make a decision about who she wants as her power of attorney for finance? I don't see the big deal in this tin, social services need to know the full details of finance to apply for government funding.
If my mother took a sum of money out of his bank account for his funeral she could get into a lot of trouble. She has to keep receipts and everything and she has control over finances. She has a life plan so that will cover the funeral costs and she doesn't have the amount of money for over the threshold either so no money will be take out to contribute to her care. She will get money from her weekly pension.
My Grandad sorted his POA out prior to his dementia declining. He pays £3000 per month on care fees. About £150 000 in total so far and doesn't get his pension pocket money as it all pays for his care.

I think I would pay it into her bank account and get a receipt. Bit difficult at the moment. But not hand over cash to a random social worker.

They don't have deputyship at the moment no.
That is what they've said (I'm assuming they are going to apply for )

She doesn't have any capacity no

Can you pay it into her bank account? I thinks that's what I would do.

Just pay it into her bank. Its not your money or your aunts money. Get a receipt and give that to ss. Its your nana money and needs to be put where its safe.

I would pay it into her bank account and give SW the receipt as pp says. To be honest it wouldn't sit right with me either handing over a jar of cash.

In certain parts of UK

If a person goes into hospital, then back home. They can receive up to 6 weeks of free care at home.

So if your DM went into hospital & cannot go home. She may be entitled to the same in a care home

Age UK may have some more info or www.gov.uk under health section

Have you spoken to Age UK?

I haven't spoke with age uk yet
I did call the social worker and said I would prefer to handle it rather than authority.
She said she needs to speak with the financial team and she will get back to me.

If she has no capacity either you or the council need to apply for deputyship through the court of protection. I thought you were finding it hard to take this on and your aunt lived overseas and doesnt want to be involved. Would it be easier and less stress if the courts appointed a deputy to take on this for your gran.

Just pay it into the bank, so it's with the rest of her money. Then speak to social services about a plan going forward. I just find it so weird you were happy to basically sign your nan over to them, but now you don't want to give them the cash in the time.

@Pebblexox weird ? What exactly is weird?
I don't want to sign my gran over to them
I wanted her home but they wouldn't allow it
I don't want them to control ANYTHING about my gran.
Social worker made it out like it was standard practice.
It isn't standard practice
The social worker was chatting shit
Simple as that

I thought I was agreeing to them paying the care home through my grans pension.
I didn't know they were taking over EVERYTHING
I don't want that
If a family member can do it then that's what I want.
Not the local authority

You are obviously upset but if your gran does not have capacuty to make her own decisions then it has to go through the court of protection who decide who will be granted deputyship and what decisions they are able to make. Without poa in place then any decisions are made in her best interest and you cannot make demands. What is it you want to do. They have agreed to pay for her care, she is in a safe place.

If you (or your Aunt) apply to the court of protection for deputyship they will expect to see copies of her bank accounts, her in and outgoings etc. They will not tolerate her having jars of money etc, they'll expect to see it all safely in the bank. This is protect your Gran as it leaves her really vulnerable to financial abuse.

@onestepat I wanted her home but they wouldn't allow it
I don't want them to control ANYTHING about my gran.
Social worker made it out like it was standard practice.
It isn't standard practice
The social worker was chatting shit
Simple as that

^
You sound angry and upset that your gran has been assessed as being unable to be looked after at home. I’m sure SW didn’t take this decision lightly. In my experience, they will try to get family members to provide as much “free” care as possible. Saying a SW was “chatting shit” when you’ve admitted not really listening when they called you, is showing that you are not thinking straight at the mo.

Try to stop focusing on the tin of money. I doubt SW are going to put it in a drawer until your grans demise. Likely that it will be banked on your grans behalf. Maybe you should do that anyway, for safekeeping? Whoever looks after your grans money needs to provide receipts etc, and that includes you and your aunt.

I am upset if I'm honest.
My gran is my whole world
My whole life revolves around her
Now she's gone
7 weeks since I've seen her
I miss her so much