In that case I think you should probably talk to the bank immediately, get the cards all cancelled.
You can apply to be his DWP “Appointee” which is a fairly quick and easy process. You open a new account in your name, but solely for his benefits to be paid into.
If he had a business, that’s an even bigger can or worms. What did he do for a living? What has happened to the business now? (I used to run a small business).
Bowlingbun
I contacted the bank but they said without a card number or account number, they couldn’t do anything. SW said at least his mortgage is being paid just now. That couldn’t happen if his accounts were frozen. I can’t even apply for benefits for him as he is in hospital so won’t get them. I have no legal rights to either as guardianship needs to be settled first. Plus if he is going to be living with the girlfriend, then her benefits would need to be taken into account as well. She wouldnt cooperate with me though.
Pet66
No one knows if he had ever given her permission to access his accounts or not. That’s why the police said that it wouldn’t stand up in court as we only had her side. My brother wasn’t consistent with his answers when SW asked him about it. They don’t even have a joint account. She has been putting money into the account to pay for the house bills from her benefits apparently.
The more you say the more worried I am.
It’s time for you to talk to a solicitor, asap.
Let’s be practical here. If he owns the house, he needs money not just for the mortgage but all the other things that go with house ownership too. Someone is going to have to pay off all those cards that have been maxed out. The bank have a duty of care towards your brother, failing to do anything is NEGLIGENT.
Do you have a key to your brother’s house. It’s time to round up all his bills and business paperwork?
Maybe contact office of public guardian and ask if they can tell you if all is going through, as you are concerned your brother’s accounts have been misused. Court of protection certificate and all it entails has to be paid for, and should be from your brother’s assets. Apparently when on benefits it’s reduced rate. They may not be able to help but worth a try. Notes will be made for future reference.
I doubt your can be consistent if he hasn’t mental capacity.
I also feel more concerned the more I read.
Bowlingbun
I know, it’s all mess. I have spoken to my Solicitor. The problem is, I have no legal rights to do anything or deal with his affairs until guardianship is granted. I’ll be able to sort all that out once I am allowed to.
I need to be prepared with a decision of where my brother is best accommodated long term once guardianship is hopefully granted in my favour. That’s what I’m struggling with. If he could tell me what he wants, it would be so much easier. Unfortunately he can’t and he’s vulnerable. I need to make sure he is protected.
Given the current situation, the fastest solution is to make an allegation of financial abuse to the police and Social Services. They have a duty to move very quickly indeed.
Also, ask Social Services to arrange a formal Mental Capacity Assessment for your brother, and then they should convene a “Best Interests” meeting.
In fact, having assessed your brother as lacking mental capacity, the hospital should have done this already!
Pet66
It hasn’t even got to court yet as we are waiting on the medical reports. So it’s just a waiting game. Letters will go out to the rest of the family. I fully expect the girlfriend and her daughter to object to my application so that will delay things even further. 
Bowlingbun
I already did that. SW and the police have completed their investigation. SW has done a report which will go to the MHO. The girlfriend couldn’t be charged as my brother couldn’t verify anything. My brother had a full mental assessment performed then he was officially classed as incapacitated.
When I applied for court of protection it was only my daughter’s and myself, me as next of kin, and daughters as mine who would have input. My over 18years of age grandchildren were sent letters out of courtesy, just in case anything happened to me or daughter’s. I’m not sure anyone who is not next of kin can object. A girlfriend is not next of kin, unless official arrangements have been made. She isn’t even on the mortgage. You could still talk to the office of guardianship. Take it you have been given a case number?
Pet66
I was told that as the girlfriend lives with him she is classed as an ‘adult with interest’ so has to be notified along with her daughter and my dad. They all have a right to object if they feel the need.
It hasn’t got to court yet so no case number yet.
Ok.
I think have exhausted all my thoughts on your very difficult situation. Your fight at the moment is to keep him safe and not discharged home to his girlfriend who clearly is not well enough to care for him for 20hours a day.
Please keep posting and let us know how it all goes. Others may have some sort of suggestions?
Am so sorry you are in this emotional situation.
Pet66
Thank you so much for all your input. I really appreciate you taking the time to comment.
Going back to the mental capacity, you say the SW sent a report to the “MHO”.
Can you explain what “MHO” means?
Was the social worker from the Social Services department which will also be dealing with the discharge process?
As they assessed him as not having mental capacity, then either Social Services or the hospital should surely be holding a “Best Interests” meeting before anything else happens, regardless of your pending Guardianship application.
Ask Google about “Best Interests meetings for a vulnerable adult”.
I know how stressful this whole business must be. My brother was told he had pancreatic cancer, but not that he was terminally ill, when he was in Uruguay with his wife. He had major surgery and was too ill to fly home. His wife had bipolar.
I was left to empty and sell his house in the UK, complete with a Chevrolet with no wheels, steering or bonnet fitted, and six motorbikes in a million pieces. No proper filing done in 10 years, amongst the mountains of paperwork I found two policies he didn’t even know he had.
Regular phone calls to give them money, sister in law yelling at me down the phone, etc. etc. All while I was recovering from cancer surgery myself and mum was disabled and housebound, and my son has severe learning difficulties.
I never really recovered from this ordeal, especially as the month after my brother died, my mum developed sepsis and lost the ability to walk. After a long hospital stay, and a battle with the hospital very similar to the one you are having now, mum went into a nursing home for what was to be the last year of her life. Then I had a hoarder’s house to empty and sell! It was awful.
I found that it helped to have a notebook and write things down as the occurred to me.
Try to take care of yourself, this is so, so difficult normally. Even worse due to the current lockdown.
Bowlingbun
Wow! What a stressful situation for you to handle. You must be one strong cookie to deal with all of that. Most folk would crack.
The MHO is the Mental Health Officer. Just waiting on them coming to interview me as they have to do a suitability report on me to see if I would be capable of taking on the role and responsibilities of a guardian.
Yes I asked for a Social Worker to be involved as I felt my brother should be classed as a vulnerable adult as his girlfriend was stealing from him. The same Social Worker will follow him through until discharge now. She has actually been really supportive. I have a really good relationship with her. There was supposed to be a multidisciplinary team meeting several weeks ago but it was cancelled due to the Social Worker being unable to attend. It was to be rescheduled but nothing has been said about it again. I’ll ask the Social Worker what’s happening about that tomorrow actually. 