SIbling Permission

Specific disabilities and conditions
1

Hi please can you advise.

Do I need my only sibling’s permission to move our mum from far away appalling care home to closer well run care home.

Mum had limited savings before so we had no choice in where she could go.

Now her house is sold the proceeds are HER funds so she can have much improved quality of life at care home sister and I both visited and agreed on moving her to.

Other care home £700 per week
New care home £1300 per week
Three other care homes we visited we also liked and had similar £1K+ fees

Mum’s funds will now fund new home for ten years.

Sister is now saying under guise of concern that mum should stay at old home where settled - when really she wants money to not be spent so our inheritance is higher.

Can I move mum to better home - the funds are hers for her quality of life.
If I say move and sister says stay do I need legal help or can I move my mum myself without agreement of my sister. Mum has told me she doesn’t like care home but not told sister - chats to me - quiet with sister.

2

Hi Kate.

Unless one sibling holds a Power of Attorney , or your mother has not got full capacity , one for the family to decide.

No problem with the issue of " Safeguarding ? "

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Six Principles of Adult Safeguarding

Empowerment. People are supported and encouraged to make their own decisions and informed consent. …
Prevention. It is better to take action before harm occurs. …
Proportionality. The least intrusive response appropriate to the risk presented. …
Protection. …
Partnership. …
Accountability.

I assume that CHC / NHS Continuing Healthcare has been dismissed ?
https://www.carersuk.org/forum/support-and-advice/all-about-caring/chc-coughlan-grogan-judgements-nhs-contuing-healthcare-nhs-fnc-hospital-discharges-all-under-this-one-thread-35998

If you don’t ask , you don’t get ?

3

Thanks Chris

We both have Power of Attorney.

We are both Deputies for Office of the Public Guardian.

Mum is unable to make her own informed decisions.

4

In which case , Power of Attorneys … at ten paces ?

Don’t ignore the CHC / NHS Continuing Healthcare angle.

5

Dementia is ultimately a terminal illness, and whilst she is alive the money is hers, and should be used to make her as comfortable as possible.

Definitely apply for Continuing Healthcare.
Did mum have the “Severe mental Impairment” Council Tax disregard? You can apply retrospectively for that.
Is she claiming highest rate Attendance Allowance?
Are you aware of NHS Funded Nursing Care?

6

Are you Power of Attorneys “jointly” or “jointly and severally”?
Are you the only Attorneys?

7

If “jointly” you have to be in agreement but if “jointly and severally” you can make decisions independently of each other providing that such decisions are in your Mum’s best interests.