I applied for COP for my friend after she was turned down for deputyship for her mum. We heard nothing from COP about my application. Then today my friend received a phone call from a solicitor saying she had been granted it that morning. We both spoke to COP office who could not tell us the reason for this and could only suggest my friend should fill in a COP9 about this desicion. He advised her to state all her objections and queries. Has anyone else been in this situation. Does anyone have any advise as my friends mum is in a vunerable state in a residential home. The solicitor has advised my friend that she will be visiting her mum to give her paperwork regarding the deputyship. Her mum will not understand, will become very agitated as she insists that she will not tolerate a stanger dealing with this matter. HELP!! Please
Cop problems
- Thread starter Chris ibbs
- Start date
Sorry, but I'm quite baffled by this. You say your friend has now been granted it? So, does your friend now have deputyship? I guess so, because you then go on to state that the solicitor has advised them to serve the papers. This is the process I'm afraid. No, of course, her mother won't understand, but she'll deal with it in the way she sees fit.
I had to serve my dad with these papers. He had no concept of anything and was very agitated and violent. I did what I had to do to serve them.
Apologies, but reading that back I realised I'd been rather vague and unclear.
Those who have applied to be a deputy have to serve the person with papers, even though they won't understand, and are likely to be potentially aggressive and uncooperative etc. This is a legal requirement under the Mental health act, but I understand how daunting this is. The person serving the papers can only do, what they are able to do, under the circumstances. I'm not sure if it's an absolute requirement to serve papers in person. Only the CoP can confirm that.
Those who have applied to be a deputy have to serve the person with papers, even though they won't understand, and are likely to be potentially aggressive and uncooperative etc. This is a legal requirement under the Mental health act, but I understand how daunting this is. The person serving the papers can only do, what they are able to do, under the circumstances. I'm not sure if it's an absolute requirement to serve papers in person. Only the CoP can confirm that.
I thought the OP was saying that a solicitor has been appointed as deputy.
From reading many COP decisions online, it seems very common for paperwork to get lost in the court system. It is quite possible that the judge never saw the OP's application. It is worth appealing the decision, but that would involve the risk of incurring court costs.
If the OP can show that they are a friend of the adult, who has been actively involved in her life, then the judge may change the decision. If the OP was only offering to take on the role of deputy to assist the daughter, then the judge might feel that an impartial person would be most likely to act in the adult's best interests.
Chris, what would be the problem with a solicitor being deputy (apart from them charging fees of course)? Are there decisions to be made about her property that your friend would object to? I hope the solicitor is not hostile, and will treat your friend with respect. It is an awkward situation for all of you.
From reading many COP decisions online, it seems very common for paperwork to get lost in the court system. It is quite possible that the judge never saw the OP's application. It is worth appealing the decision, but that would involve the risk of incurring court costs.
If the OP can show that they are a friend of the adult, who has been actively involved in her life, then the judge may change the decision. If the OP was only offering to take on the role of deputy to assist the daughter, then the judge might feel that an impartial person would be most likely to act in the adult's best interests.
Chris, what would be the problem with a solicitor being deputy (apart from them charging fees of course)? Are there decisions to be made about her property that your friend would object to? I hope the solicitor is not hostile, and will treat your friend with respect. It is an awkward situation for all of you.
The problem with the solicitor been deputy is sue's(my friend) mum will became distressed by it as she want sue to do it yes there is property decision.has for the solicitor the first time we spoke she was fine then she spoke to cop then rang me back was then really rude told me she she been granted the deputyship and that was that. Told me we would have to do what we had to do but she was going to take the paperwork to the home as she'd been instructed
I have CoP for mum and yes, it does seen peculiar to serve the person with the papers as the whole point is that they have lost capacity! It is a legal requirement, but if you look at the papers it does say that you should explain it in words that they understand (or something similar) which does does give you a lot of wiggle room.
Court Of Protection.
If someone has not signed Power of Attourney and has lost capacity, then they will not be able to go down the Power of Attourney route, but they will still need someone to look after their finances for them. In this case you have to apply to the Court of Protection for the court to make the decision that the person in question cannot look after their own affairs and the court will appoint a deputy (usually the person who has applied) to look after the affairs for them.
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