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[Solved] Building a future


Posts: 3
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Topic starter
(@grundy)
Active Member
Joined: 13 years ago

Hi all,
As a new member, and being new to 'forums' in general..i have no idea what help or advice this or any other site holds for me. However, ''needs must'' ..and i really need advice!
My problem is basically this;.. i have an estranged wife and a disabled daughter who are in need of home alterations. The building work to be undertaken is of a modest size and scope consisting of an ensuite bedroom extension. I am a fully qualified building and construction engineering technician (Bricklayer) who has 35 years experience in the building trade. I have the skills needed to construct the extension, and the contacts to employ the correct specialist professionals to complete the project ... however, The complication is that it is my daughters 'compensation award money' that is being spent on the building work and as so an independent ''deputy'' is in charge of allocating the funds to designated contractors. I have proven my worth and experience to the deputy with instances of past job completions and testimonials, i have also pointed out that by having me working for my daughter it would save her many £1,000s of pounds ..in the region of a 25% savings, but the deputy seems adamant that ''no family member'' can undertake the work. My question is Do i have any actionable recourse to save my daughter from being financially exploited?
Thank you in advance for any help you may offer

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5 Replies
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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

...I think its a tricky one! I can see why this rule is in place....to stop unscrupulous family members taking advantage and doing work that may be unecassary and then overcharging. I dont for one second think this is the case here, but this is why it exists, as a safeguard.
Does this independent deputy have a boss that you could take this to? Who is at the top of the chain of command, find out and speak to them. You could also talk to the Citizens Advice Bureau... If you get no joy there then you could go and see your MP and see if they can intervene, because as you say you would be saving your daughter thousands by undertaking the work yourself.

Good luck with it all and keep us posted!

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(@grundy)
Joined: 13 years ago

Active Member
Posts: 3

thank you for that... in answer to your question the deputy's ''boss'' is the court of protection . This was part of the e-mail i received from the deputy

''The Court of Protection requires us to manage your daughters property and affairs in her best interests and in accordance with the Court Order. We are strictly regulated and routinely monitored by the Court of Protection; this includes regularly providing the Court with details of all expenditure incurred on your daughters behalf. If the Court has any concerns they will be raised with us and acted upon accordingly. We are also subject to internal and external audits therefore are monitored by various parties on an ongoing basis.

I understand your concerns regarding the property adaptation. I am satisfied that the correct process has been followed in this regard. I note your comments about the actual construction and will raise these with the company in question. However, the costs of the building work will form part of your daughters expenditure that will be reviewed by the Court and therefore will be questioned at that stage if that is deemed necessary. If, having spoken to the building company about the effectiveness of their proposed adaptations and the other issues you raised, we are anxious about the costs involved we can get these verified by an independent quantity surveyor and so do have measures in place to ensure the costs involved are appropriate and reasonable.

I fully understand that you want to do the building works yourself and as a committed father I can appreciate that you want to be involved. However, the decision of the Deputy is not to retain family members to carry out work of this type as it is fraught with difficulties, particularly if there were problems during the course of the project. It is our experience that independent contractors are preferred and the cost of that, in any event, would have been reflected in her claim.''

So there in lies my problem...

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Hmmm...sounds like they have it all covered. To be honest, I cant see them budging on it. You could still try the MP, but again as its not an injustice as such, he may not feel it appropriate to get involved.

Where he says .....

" The decision of the Deputy is not to retain family members to carry out work of this type as it is fraught with difficulties, particularly if there were problems during the course of the project. It is our experience that independent contractors are preferred etc etc...."

...seems pretty air tight to me. Have you ask the Deputy if there is an appeals process?

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(@grundy)
Joined: 13 years ago

Active Member
Posts: 3

Thank you for your response.
While reviewing the court of protections guidance to deputies, I believe i may have come accross a particular rule that may go some way to achieving my set goal. That of saving my daughter any undue expense.
The guidence notes clearly state that ;
Applications to make a gift or loan from P’s assets, provided that the sum in question is not disproportionately large when compared to the size of P’s estate as a whole; are allowed
Which leads me to believe i could in effect ''loan'' or as her dad be ''gifted'' the money to build my daughters extension, whereby eleviating the need to pay an outside contractor... Or may i have misinterpreted this..?

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 actd
Registered
(@dadmod4)
Joined: 15 years ago

Illustrious Member
Posts: 11892

I would tread carefully - if you try to get around a courts jurisdiction, there could be a world of trouble.

Another way to look at it though is that if you are doing to work for your daughter, you are missing out on earning money on another job, so instead of giving your time free, you are charging for another job, and the net effect is the same.

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