The Herald

Can I challenge local authority taking control of mother’s finances?

- Austin Lafferty

The local authority is taking financial guardiansh­ip of my mother, who has dementia and is in a care home. I am wondering if I should contest the council’s guardiansh­ip applicatio­n.

The local authority/social work will seek this sheriff court order if there is no other way to set up payment for the care home fees etc. now that your mum has lost mental capacity – she can’t sign any documents, and cannot now grant you power of attorney. Unless you would make your own applicatio­n to be appointed guardian, the council being appointed is probably the only way forward.

I am supposed to knock off at 9.30pm but by the time I lock up it can take up to an extra 15 minutes. I have complained but nothing happens. My boss offered to pay an extra 30 minutes’ overtime but it’s not the money – I just would like to finish on time. Now my line manager has said this is what is expects of me as part of my job but my contract does not specify this. I would just like to finish when I am supposed to, according to my contracted hours.

You should be entitled to stop when your contract says so. I suggest you consider making a formal complaint and, if refused without good reason, your employers may be regarded as constructi­vely dismissing you if they make it intolerabl­e for you to work, and end work at your contracted time.

However, do nothing without taking detailed expert employment law advice. I am first-born from my mum’s marriage to my father, but she remarried and had two other children, out of wedlock. Her (later) daughter is executor to her estate. She has told me nothing. What can I do to stop her and her sister taking everything that belonged to my mum as I do believe my mum wouldn’t have left everything to them.

You may be mentioned in the will, but even if not you have legal rights as a child to a portion of the estate. You cannot be disinherit­ed from certain parts of the estate. Demand informatio­n from the executor and, if not forthcomin­g, get a lawyer and threaten enforcemen­t action to recover your lawful inheritanc­e.

We booked a limo for a 13th birthday party and were told it would include a DVD presented at the end of the night, which it was, but it was blank. I emailed the company and they suggested trying it on other machines which we did to no avail. So I emailed them again. They said they didn’t have a copy. We paid £150 for the hour expecting what was said was true, do we have any redress? Certainly – they are in breach of contract. I would suggest at least a refund of half your fee. It is difficult to put a price on the disappoint­ment – in our family we sometimes still get out the wedding video from 1983 (in case you’re wondering – I had hair, I smoked and my wee brother had a horrific blond moustache), so the loss of the record of this occasion cannot be wished away by the company.

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