Social services have control over mums finances

[katzwhiskaz]

My father died in april and left no will, mum has dementia and the social services have taken control of her finances (with my permission) as it was all getting to much for me to sort out. They said they would give me a small allowance each month to pay for shopping,or if she wants her hair done or needs new clothes etc. Do i have any rights to know how much mum has and where her money is going each month? Surely as next of kin i should have access to this information.

[bednobs]

no - my next of kin (my husband) is not entitled to know what money i have (he would probably be quite surprised if he knew about my running away fund)
what basis do they have control of her money under - court of protection?

[katzwhiskaz]

Hi. They have gained control through the courts.

[bednobs]

then they have court appointed rights, and as far as i know don't have to tell you anything at all. theres nothing to stop you asking though. It seems an unusual situation to me

[craft1948]

Would be interesting to see how much they are paying themselves in administration fees.

[LoftyLottie]

This is quite common if people are in care homes and social services are paying towards the care home. Social Services then control the finances which include paying the care home and giving out the spending money. Presumably they get the same rights as someone who has Power of Attorney.

[LoftyLottie]

And even as next of kin you do not have rights to know about your Mum's finances, unless you have P of A.

[katzwhiskaz]

She is in the early stages of dementia (very forgetful) and still understands a lot of things, is she able to make a valid will?

[LoftyLottie]

Has she been diagnosed by a qualified doctor as having dementia?

[katzwhiskaz]

Hi Loftylottie. Yes she has been diagnosed in the hospital. She has vascular dementia. The reason i'm asking is it is a lot more complicated( nightmare) when some one doesn't leave a will as i have found out

[bednobs]

hmm If she is under court of protection then it means she does not have mental capacity (i think) so therefore cannot make a will

[Barmaid]

If they have gone through the Courts, it must be the Court of Protection (or now Public Guardianship office). However, your mother can still make a Will. She herself does not make it - the PGO will make it on her behalf. It is known as a statutory will (the presumption is that the will is made by your mother in a lucid moment). You will need legal advice to do this.

If the LA are appointed as her Guardian (Receiver) you have no rights to know how her money is being spent unless you are also named as an appointee. However the Guardian has to file accounts with the PGO.