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Do I need deputyship?

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  • Do I need deputyship?

    My Mom is in a care home with dementia. She also has symptoms of Parkinsons, her mobility is poor, there's something wrong with her heart, though a doctor said on one of Mom's many A & E visits that a DNR could be put in place as my mother's ninety, but it was very unlikely it would be needed.

    Mom is in an Emergency Assessment bed waiting for a permanent placement. She owns the house she used to live in, but I bought it with her, putting up half the money. I had to then sign my half over to Mom in order to get a mortgage for my own flat, but if the house is sold, I get half the money. My sister, who is sixty-eight, used to be my Mom's carer and suffers anxiety for which she is on medication, still lives at the house, as she has done for over fifty years. Plus, there is a deed of trust that states the house can only be sold if both my Mom and sister agree to this, and that my sister has lifetime right of occupancy.

    My Mom made no will, but I'm told that the house would come to me, my sister and my brother (who has his own place) in the event of my mother's death. I don't want the house, and a legal advisor has told me that if I sign the house over to my sister, it won't be seen as tax evasion as my own estate is small. My brother doesn't want it either, but the consequences for that for him are on his own head. The legal advisor said he needs to get his own advice.

    My Mom didn't want to sign for Power of Attorney either. She's stubborn like that. I'm now in a quandary over whether we need deputyship. Deputyship involves making decisions regarding wellbeing, for example (a silly example, I know), if a doctor says they're going to inject my mother in the hand, we can say no, inject her shoulder, even though the doctor knows best (at least according to a social worker I spoke to at the care home). However, what about financial decisions? I'm pretty sure the council won't take the house, or at least it's unlikely due to the above (correct me if I'm wrong), but my questions are as follows:

    1. What's the worst that can happen if we don't get deputyship?
    2. How likely is it that the worst that can happen, will happen?
    3. My thoughts are that we're unlikely to want to change a doctor's decision, but am I being totally naive?

    We are in England.
    Tags: None

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