Objecting to an Assisted Decision making application

[HeadScratcher]

Oops I hijacked someone’s thread yesterday so I’m posting a new one.

My query is about Assisted Decision Making (Capacity) Act. My husband received a registered pack that included 3 forms 55A, 55B and 55l stating we were put on notice. It stated a Circuit Court date for about 5 weeks time. It’s not very long when you have no idea of the process or where to start. Is it right that 55I is not signed at this stage?

I’m looking for some advice from someone who has been through this process. This is a bit of a rant but here we go.

My husbands 2 sisters have made the application on behalf of their mother with other 2 siblings as notices. They had discussed this previously as a family as their mother has dementia and has been in slow decline in the last year. 3 siblings look after her day to day needs but 1 has opted out. They also get 1 hr from carer per day, who she just ignores. She can dress herself and make a cup of tea if she wants but cooking is supervised. She is not aware of strangers and will put on her coat to”go home” a few times a day. She certainly cannot make decisions of any weight and we fully understand the need for this. Our issue is that there was little consultation, just a phone call from his sister saying she was going to apply.

Now that it has arrived it has 2 full A4 pages of decisions they will be able to make. 90% of them are ok, but it also requests to be able to apply for a Nursing Home loan as part of the Fair Deal scheme, to be able to create a charge on the property (not residence or folio) and register it with Tailte Eireann, control of her interest in property and to rent or lease it for her care. As far as I understood their mother has all of these rights anyway as the law applies to her. She is not a Co owner of the house with their father who is already in a nursing home because he left her land for her care (in his will) so he could give the house to his sons as it joins the yard. But granting this power to their sisters, am I right in thinking they can agree to the loan, put the charge on the property then the debt is their brothers to pay.

Also the land put aside is between their mother and both sisters. I think they have found a way to get to make all the decisions, leave the debt with someone else and walk away. We really just don’t know where to start and it looks like we a short time to try and get a solicitor to help. I have been on the DSS site but until the service card arrived we can’t login.

Also if the property was assigned they would not be able to avail of the Fair Deal. Thanks for letting me rant, any advise would be greatly appreciated.

 

[kalooki]

One comment I'll make; you are saying the father left the mother land in his will, but this is irrelevant as he is still alive.

Another comment: The sisters cannot take on a debt that the brother ever has to repay. The sisters can take on debt on behalf of the mother for her care, which she will have to repay or will have to be repaid from her estate.

And one more: Someone has to take control of your mother's affairs before it is too late, so it is good the sisters are doing it. Just get a solicitor who does not have anything to do with your mother, your sisters, or any other family, and go and talk to them with the document in your hand.

 

[Annieindublin]

If you have an alternative suggestion on how to pay for her care then perhaps a phone call to them might be useful.

If she’s not Co owner of the house who does own it? Her husband? Who is paying for his nursing home care?

Or if you want to volunteer to be one of the attorneys you could offer to help.

We have put this in place for my parents and I messaged my siblings to tell them and give them the opportunity to join. One did thankfully as I don’t want any push back later. My sis in law was annoyed that she wasn’t included but it’s non of her business.

 

[HeadScratcher]

Many thanks for your replies, the reason the house was to pass to the brother was that it adjoins his property with a shared entrance. He has no problem with the rest of the application. he should have been an applicant as well, since he does a third of the caring, it doesn’t mention him at all or that he does all the medical/ physio visits with her as he lives closest. he is hurt that it looks like he doesn’t contribute. He would just like to have had the choice to pay the loan himself or for her care himself without having to sell the property but as the application is before the court it will be for them to decide now.

To note: the DSS system falls away when it comes to putting a capacity order in place, it comes back again after it’s been approved, for administration. DSS have good info on applying for decision makers and what they have to do, but very little for capacity applications as these go before the circuit court, so look at the courts service web page. Do get independent legal advice, if you can, citizens information has info on this as well as on legal aid.

We are all encouraged to make a will, but it means nothing if our wishes aren’t considered before you leave this earth. When you loose your capacity they can do what they like “for your care” regardless of what you put in your will.
Family carers Ireland were great to talk to and so were sage advocacy, they both helped with organising mediation, will have to see how it goes.

 

[Annieindublin]

Our solicitor advised us to inform all adult children. Which we did. Actually I think that’s part of the required process.

So I guess that’s why you were informed and have the opportunity to object, sounds like mediation is the best bet.