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Lord Chancellors Dept

Answer

Mr. Colman: To ask the Parliamentary Secretary, Lord Chancellor's Department what steps he has taken to ensure that the funds transferred from a former client of the receivership division of the Public Trust Office to a nursing home owner under the special exercise relating to clients with less than £10,000 are subsequently applied for the benefit of the former client. [145684] Jane Kennedy: Of the cases where the involvement of the Public Trust Office has ceased as a result of the review exercise, only four have had capital passed to a nursing home. The Public Trust Office ensures that strict criteria are applied before any proposals are put to the Court of Protection to transfer client's assets to a nursing home, to be applied for the client's benefit. A nursing home would be approached only in exceptional cases, where there is no one else suitable or willing to act. The circumstances of every case are considered individually. When the nursing home is approached, they are informed that the capital must be held in an account in the client's name. The home must also advise the Public Trust Office how they will monitor the account and what audit checks are in place to ensure proper use of the funds. All people of whom the Public Trust Office is aware, who have an interest in the client, as well as all relatives, are advised of the new arrangements. Each case is considered by the Court of Protection, which makes an order discharging the Public Trustee and pays the capital to the nursing home. The Court will make such an order only if it is of the opinion that the client's interests are best served by the proposed new arrangements. Of the cases where the involvement of the Public Trust Office has ceased as a result of the review exercise, only four have had capital passed to a nursing home.

Secondary information

Type

Written question

Reference

361 c393W;361 c392-3W; 145684

Session

2000-01

Subjects

Care homes Assets Administration of estates Management Older people Standards Trusts Public Trust Office

Contains statistics

Yes

Link

View this Written question on www.publications.parliament.uk