David and Janet
David's mother, Janet, Had had a fall at home, resulting in a short stay in the hospital, While in hospital CT Scan aided in a diagnosis of Alzheimer's type dementia. A hospital Social Work assessment identified that Janets needs would be better met in a care home, something Janet was agreeable with.
This was when life for David started to become complicated.
Janet's husband had passed away several years before, leaving her the sole owner and resident of the family home; she had also inherited all of her husband's financial assets. After a short time in the care home, the local authority completed a financial assessment and found Janet to be above the financial threshold of £23,250 meaning Janet would need to pay for her care in full.
Janet's condition had also deteriorated, and she was unable to organise selling her property and making sure the care bills were paid. David stepped in but quickly found that although his mother was permitting him to manage her finances, he didn't have the legal authority to do so.
David contacted a solicitor who organised to complete a lasting power of attorney application for Janet. However, the solicitor was concerned that Janet might not have sufficient mental capacity to grant lasting power of attorney, another stumbling block for David. The solicitor advised David to contact the GP who would complete a mental capacity assessment if this was all clear they could move on with the application.
Three months later and David had still not heard back from Janets GP, and the care home fees were beginning to mount. David chased the GP again to be told: "I'm sorry the GP won't complete this type of capacity assessment.
This is where Nellie Supports stepped in. David contacted us and explained the situation; we attended Janet two days later to assess whether she had sufficient capacity to grant a lasting power of attorney. Unfortunately due to the delay, Janet's condition had worsened, and she was unable to evidence her capacity to retain any of the information given to her. Nellie Supports Social Worker seeing that Janet lacked the capacity for this specific decision. However, to ensure there was a way for David and Janet to move forward our mental capacity assessor completed a further assessment, at no additional cost. This additional mental capacity assessment evidenced whether Janet could independently manage her property and financial affairs and allowed our assessor to complete a COP3 Mental Capacity Assessment.
From the moment of David contacting Nellie Supports to the moment his solicitor received the COP3 Mental Capacity Assessment was four days. This meant Janet and David's solicitor was able to complete a deputyship application without any further delay ensuring David would be able to help his Mum moving forward.