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Secret English court seizes billions in assets from the mentally impaired

Daily Mail:

A secret court is seizing the assets of thousands of elderly and mentally impaired people and turning control of their lives over to the State - against the wishes of their relatives.

The draconian measures are being imposed by the little-known Court of Protection, set up two years ago to act in the interests of people suffering from Alzheimer's or other mental incapacity.

The court hears about 23,000 cases a year - always in private - involving people deemed unable to take their own decisions. Using far-reaching powers, the court has so far taken control of more than £3.2billion of assets.

The cases involve civil servants from the Office of the Public Guardian (OPG), which last year took £23million in fees directly from the bank accounts of those struck down by mental illness, involved in accidents or suffering from dementia.

The officials are legally required to act in cases where people do not have a 'living will', or lasting power of attorney, which hands control of their assets over to family or friends.

But the system elicited an extraordinary 3,000 complaints in its first 18 months of operation. Among them were allegations that officials failed to consult relatives, imposed huge fees and even 'raided' elderly people's homes searching for documents.

[...]Only 60,000 people in Britain have registered these 'living wills' with the authorities, and the problems begin when someone is suddenly, unexpectedly mentally impaired.

Without this document, relatives must apply to the courts and the anonymous OPG, part of the Ministry of Justice based in an office block in Birmingham, is required to look into the background of carers to decide if they are fit to run the ill or elderly person's affairs.

The organisation has 300 staff, costs £26.5million a year to run and is headed by £80,000-a-year career civil servant Martin John, a former head of asylum and immigration policy in Whitehall. It prepares reports for the Court of Protection, based in a tower block in Archway, North London.

[...]The presiding judge then decides whether a family member can become a 'deputy' acting for their mentally impaired loved one. If no one is available, or if the judge decides a family member is not suitable, the court can appoint a local authority or in some cases a solicitor to carry out the task.

The OPG then charges an annual fee of up to £800 to supervise the activities of the deputy, whether they are a family member or a professional appointee.

The court takes over control of people's finances, which means deputies - whether a relative or not - must get authorisation to pay expenses such as rent and household bills on their behalf.

[...]The current Court of Protection replaced a previous body with the same name which had more restricted powers and was overseen by the High Court. The new body can rule on property and financial affairs and decisions relating to health and personal welfare, without referring it to a higher court.

But relatives caught up in the system say they are suddenly confronted by a legal and bureaucratic minefield.

Children's author Heather Bateman was forced to get permission from the court to use family funds after an accident left her journalist husband Michael in a coma.

In a moving account of her family's ordeal in Saga magazine, she wrote: 'Michael and I were two independent working people. We had been married for 28 years. We had written our wills, both our names were on the deeds of the house we shared in London and the Norfolk cottage we had renovated over the years.

'We had separate bank accounts and most of the bills were paid from Michael's account. Now, to continue living in the way we always had done, I needed to access the money in his account.

'The Court of Protection brought me almost as much anger, grief and frustration into my life as the accident itself. [It is] an alien, intrusive, time-consuming and costly institution, which was completely out of tune with what we were going through. It ruled my waking moments and my many sleepless nights.'

Mrs Bateman even had to apply to the court for permission to pay the couple's daughter's university fees.

She added: 'I could write as many cheques as necessary up to £500. But if I needed to access more I had to get permission from the court.'

Sunita Obhrai's mother Pushpa has lived in council-run sheltered housing for 15 years. About two years ago, the 76-year-old widow started to become forgetful and once left the oven on, and the fire brigade had to be called.

Miss Obhrai claims that without her knowledge the local authority, Buckinghamshire County Council, were appointed to run her mother's affairs.

She said: 'They took over running my mother's bank account and charged her over £1,000 a year in fees, and all they were doing was ensuring her rent and utility bills were paid by direct debit.

'She is given just £20 a week pocket money. Council officials even came and searched her flat while she was asleep in her bedroom. They told me they had to retrieve documents so they could do their job. But someone should have been with my mother. It is unbelievable that they can behave in this way.'

Early this year Miss Obhrai applied to the court to take over from the local authority and oversee her mother's finances herself. But the court rejected her appeal.

She said: 'Many of our other relatives and friends wrote to the court backing me, but the court ignored them. I have never done anything to harm my mother, nor would I, but the council claims I am not a fit person to look after my mother's affairs and there is little I can do to defend myself.'

The council said it could not discuss the case in detail, but did not deny that officials had let themselves into the elderly woman's home uninvited and unaccompanied by a family member. A spokeswoman said: 'The court has already deemed our action appropriate.'

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deniseb's picture
Submitted by deniseb on

If this doesn't motivate me to write out my instructions, I don't know what will.