LPA and Direct Payments

Need some help/advice if possible. We currently have LPA and also we were being paid direct payments but this ended when we sold our house and moved in with mom in law. We knew that the direct payments was ending due to moving but we appealed the decision and won and was expecting a payment at the end of July. However, SS rang us to advise that they have “safeguarding” issues which include spending money refurbing the house as it was badly run down and have suspended the payments so have had no money since the end of February which has caused us numerous issues.

Ultimately, SS intend to take us to the court of protection and we have had to produce statements for the Office of Public Guardian. We seen a solicitor today but its going to cost £200 per hour and I don’t think we have the money to pay to be honest.

If somebody had told me the hassle I and our family would have to endure in order to look after her mom who has Stage 5 dementia then I would have walked away rather than sell my house and also give an excellent childminding business in order to look after her mom.

Social services need shooting.

Hi Chris.

Given what has been reported as occured , short of legal advice , the CAB will be the best way forward :


They get my vote over both AGE UK and SHELTER.

AGE UK will be useful to tie up all the loose ends when it comes to the housing element and legal staus of all parties … especially if a care home is on the cards down the line.


I have assumed that no legal advice was taken BEFORE the move into your mother-in-law’s home ?

We didn’t take legal advice as you do not think it would be needed when you move in to take care of a loved one.


We didn’t take legal advice as you do not think it would be needed when you move in to take care of a loved one.

A potential minefield if all the considerations are not addressed at the time of the move.

Brief summary from AGE UK … before taken into account others down the line … potential care home / deprivation of assets to
name just two.

Moving back in with children and family | Age UK

We are going to put a legal charge against the property via a RX1 form. We have soent in excess of 60K on the house and I cannot envisage losing that


The effectiveness of that against a potential challenge from a LA in the future can only be judged by a legal expert … assuming
no changes in the law between now and a potential challenge.

If we try and sell the property now would that be seen as a bad thing?

Just don’t the hassle anymore sounds reakly bad but SS hzve made our lives a misery.

Always best to talk over ALL the options pertaining to the whole situation.

CAB recommended earlier for the current hassle with the local LA … AGE UK for the rest.

Hi Chris

Is the house owned by your MiL? It sounds as if she has given you joint ownership when you moved in? How do SS know you have spent money refurbishing the house? Is the 60K you’ve spent or hers - if hers, can you prove that it is all in the best interests of the donor e.g. rewiring, necessary adaptations?

As Chris has suggested, CAB might be worth talking to. Alternatively you could try talking to the OPG directly for advice around investigations and what happens next - 0300 456 0300, lines open from 10am on Wednesdays. If you have been assigned an investigator it may be worth making the first contact.

The house is owned by MiL but has equity release against it.

The OPG hsve asked why the refurb was done but the house had been badly maintained, for instance, she had left the gas on due to her condition and we had to get a gas engineer to turn it off.

Also, left shower head on and caused extensive damage to bathroom and kitchen below. Windows were also past it.

Property was for sake but fell through so we had to resort to plan b by moving in.

It feels like a joke.