Hello, I have just joined

[abell080]

Hi, does anybody know if a family member could stop me moving a relation i am power of attorney for to a different care home. My p.o.a is only for finance & not health so does the fact that I pay the bills give me any rights?

[Peridot]

Hi Abell080,

I assume there is some sort of issue with the current care home and there is divided opinion amongst relatives, on where the Donor should be?

Is there a health and welfare Lasting power of Attorney (LPA) in place?
What sort of power of attorney are you acting under, an Enduring Power of Attorney or an LPA? Have you been acting long? Who made the decision to move to the current care home?
What are the reasons for the move and would it be in the best interests of the Donor (the person you're acting as attorney for)?
Hopefully can point you in the right direction with little more info.

[abell080]

Hi, thank-you for responding. I am P.O.A for an aunt but only for Financial. This was sanctioned in March 2016 after a year long battle with 1 member of the family that refused to sanction my application & tried to have himself appointed. (this was after medical opinion stated the doner was not able to make decisions for herself (vascular Dementia) After a lengthy court battle that cost over £15,000 the order was signed. however, this family member then pursued a campaign of involving social services thwarting every attempt I made to find a care home close to friends & family. He convinced the Court of Protection that as he was now looking after the donor's dog she should be in a home close to him as this was the only way she would see her beloved pet as he was about to cease driving.

I relented as animals are her only interest & found a home close to this relative but 2 years on the dog is not allowed in the home, he is still driving & never takes the dog to see her ( animals are allowed in the grounds). After a yearly re-appraisal by social services it is apparent that my aunt is totally bored in this home, does not have many visitors & sleeps most of the day to pass the time.

I have found a home closer to me & the family, within 100yds of the river where people exercise their dogs & she would love to be taken there & just watch. I feel so guilty that she is not happy & want to move her but I know this relative will cause trouble all over again for his own benefit.

Without casting dispersion's this relative is a control freak & a retired professional gambler & my concern is that his motives all along were to suit him & not my aunt.

Also, this new home would cost more than the current so he could not argue I am trying to downgrade.

Sorry if this is long winded.

A

[Peridot]

Hi Abel080,

A difficult situation. I suspect this person will continue to be difficult. Just to clarify you are an Attorney under a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA)) not a Deputy (appointed by the Court of Protection). I'm not sure why there would be a battle if this is under an LPA or EPA.

Have you had any involvement with Social Services yourself, regarding your Aunt's care? It would be sensible to discuss these issues with them and see what their take on it is (if they continue to be involved). Explain about visiting and her love of the dogs etc. This is about her quality of life after all.

Unfortunately not having a health and welfare LPA does mean you can't just make the decision yourself but I think with SS support you could deal with this. However dealing with property and finances as with health and welfare has to be carried out in your Aunt's best interests, not to protect assets for others. From the sounds of it you are making 'financial' decisions with her interests at the fore which is correct. I would discuss this with Social Services in the first instance. They may support your decision and have some suggestions.

If this is under a Court of Protection order where you are appointed a Deputy, then if agreement can't be reached it may be necessary to apply to the Court of Protection for an order to allow you the control you need.

[abell080]

Hi, I am P.O.A (enduring) not a court appointed deputy for financial matters only, this relative tried unsuccessfully to have me removed as P.O.A & have himself or a deputy installed but his case was dismissed.
Social Services & Safeguarding were all involved when my aunt went into care & although they weren't happy with this relatives behaviour & motives they did suggest a compromise in the choice of home which I agreed with purely to move things on & allow her to settle & see her beloved dog.
I have spoken to Social Services again & they agree it would benefit my aunt to move to a new home that can offer her a better quality of life but I do feel that they (Social Services) do tend to sit on the fence & are more than happy to get all sides to compromise rather than make a judgement.

Thanks for your advise & I will contact the Safeguarding Team again to ask their views, their original involvement stemmed from this relatives behaviour when he removed her from a nursing home without permission & refused to return her as he had decided she was going to live with him.

regards

Abell

[Peridot]

Hi Abel080,

Although I hope it won't come to it, I suspect that your relative is not going to be particularly supportive of the decision. Although, having already once fought and lost a battle over the EPA he may be less inclined to fight this time?

As a mentioned above it may be necessary to apply to be appointed her deputy by the CoP if things start to spiral again and he becomes deliberately obstructive. Hopefully SS will be a little more supportive of you, having seen what he's like from the last round!

[abell080]

Thank-you for all your advice