Deputyship appointment for the elderly

 

Mr X is over 90 years old and has been a long established client of Sarginsons.  His wife died many years ago, he has no children and no family in this country.  He lived independently in his own home until about 2 years ago when he became ill, confused and was taken to hospital.  Whilst he was in hospital we received a telephone call from him saying that he needed Sarginsons to help him.  We discovered that he would not be able to go home and live on his own and Social Services found him a place in a local residential home which was funded by them albeit on a temporary basis until we could establish what funds Mr X actually had and whether his property would need to be sold to help fund his accommodation.   Mr X was fiercely independent and was very aware of where his money was kept and how much there was. His fear was that this would be taken away from him.

 

We continued to visit him regularly and could see that he was becoming more confused and accusing people of taking his money.  He was very vulnerable and it became clear that this was a case where, if possible, he should appoint an Attorney in respect of his Property and Financial Affairs if he was capable of understanding this.  He kept saying he wanted Sarginsons to look after his money as he did not trust anyone else.  Unfortunately, he did not seem understand the necessity of actually making this legal by appointing an Attorney.  We asked his Doctor to go and see Mr X and let us have his medical opinion as to whether he had the mental capacity to appoint an Attorney.  The Doctor confirmed that he was indeed vulnerable but he was not, in his opinion, capable of giving instructions or understanding the concept of a Lasting Power of Attorney.

 

It was decided that we would apply to the Court of Protection for someone at Sarginsons to be appointed Deputy for Mr X.  The appointment was duly made and we have been able to sort out Mr X's financial situation, sell his property and keep him informed throughout as to the whereabouts of his money and involve him as far as possible.

 

Although Mr X has lost some capacity he is aware of his money and always asks how much he has and where it is.  We visit him regularly to assure him all his money is safe and that we are administering the payments for his accommodation charges.  We also ensure that he has extra money for luxuries or anything else he needs.

 

Sarginsons are in constant touch with the Residential Home and have met with the visitor from the Office of Public Guardian who has attended Mr X to ensure that his needs are being met.

 

Mr X is very frail and rarely gets out of bed now but we continue to visit him to give him assurance that his money is safe and get him anything else he may require. 

 

Sarginsons hold his Will which he made a few years ago.  We are his Executors and he remembers this on occasions and we are able to reassure him that when he passes away, Sarginsons will deal with his estate in accordance with his Will. 

 

Mr X is comfortable, clean, well fed and content that his money is being well looked after.

16th December 2018

Sarginsons Law