Double Bubble

[ChrisoutofYorkshire]

I could do with a bit of help please.
I hava 94 year old Great Aunt with Vascular dementia. She's in a care home and my father has an old fashioned EPA for her financial details (not her Health and Wellbeing). He basically pays her care home bills and juggles her National Savings account etc. About 18 months ago he started to become overwhelmed by this work and we believed he was showing signs of dementia too. We arranged for him to be assessed and also set up LPAs for him," just in case".

Now the inevitable has happened. He is rapidly declining with vascular dementia and we are looking at having to activate the POAs. However, how do we take over his responsibility for Great Aunt? She's not capable of authorising a change and the only "advice" we've been given so far is an appeal through the courts on an annual basis and a bill in excess of £2,000 per year!

I'm her closest blood relative as my dad is only related by marriage. Any ideas?

 

[karaokePete]

Hello @ChrisoutofYorkshire, you are welcome here.

As far as I’m aware you may have to apply to the Court of Protection to become a deputy. However, someone with better knowledge of the system may be able to advise later. This is a link to the AS Factsheet about the issue https://www.alzheimers.org.uk/sites...loads/factsheet_lasting_power_of_attorney.pdf

 

[ChrisoutofYorkshire]

Many thanks. I think that it is Deputyship route that we've been pointed at and the fees are horrendous! We've been quoted £900 court fees plus solicitors fees plus,plus etc and advised that it will have to be renewed annually.The contacts at the end of the factsheet will be very useful and worth following up. Thanks​

 

[Beate]

It's the only advice because it is the only way, but you can reimburse yourself those fees from your great aunt's money. It can be done without a solicitor though, if you're good with forms.

https://www.gov.uk/become-deputy

 

[DeMartin]

Many thanks. I think that it is Deputyship route that we've been pointed at and the fees are horrendous! We've been quoted £900 court fees plus solicitors fees plus,plus etc and advised that it will have to be renewed annually.The contacts at the end of the factsheet will be very useful and worth following up. Thanks​

There is an extensive web site for the Court of Protection. Forms are downloadable. I think the fee is £600, plus a security bond and an small annual fee. I used a solicitor but others on this forum have DIY.
Have a good read of all the details. Be sure it’s the government site.

 

[Beate]

There is an extensive web site for the Court of Protection. Forms are downloadable. I think the fee is £600, plus a security bond and an small annual fee. I used a solicitor but others on this forum have DIY.
Have a good read of all the details. Be sure it’s the government site.

Which I have linked to above.

 

[Delphie]

I've done two Deputyships without involving solicitors.

I wouldn't advise anyone NOT to use one but it's well worth having a look at the forms first. Knowledge of the law is not needed to complete them and you will have to provide all the information anyway (the solicitor doesn't have a list of the aunt's assets or the names of the relatives to inform that the application is being made etc). There is also a helpline to call if you get stuck, so the system really is quite accessible to anyone.

Also, the fees are paid from the assets of the person you're applying for, the great aunt. Even if you don't have access to her money right now, you will be expected to pay yourself back once the deputyship order comes through. There used to be a sliding scale of discounts too, for those on low incomes or with few assets.

After that, there's a small, annual supervision fee and a bond (essentially insurance), both paid for from the aunt's funds.

You'll have to do an annual report to balance the books and flag up any big decisions you're making and you might get an occasional visit from a court appointed representative who'll chat to you about how things are going.

All in all, it is definitely more expensive and more hassle than having power of attorney, but if it's the only option it's best to just take a deep breath and crack on with it. It's all doable. I'm several years into it now and it's just another thing to deal with. A bit like a tax return.

 

[Katrine]

You don't have to take on the role of Deputy if you don't want to. A solicitor could do it, but obviously their fees would be higher than if a relative took on the role. If your great-aunt's finances are very straightforward then I would say you could do it yourself without too much difficulty, as advised by others above. However, the emotional strain of overseeing the care and welfare of two elderly relatives is a burden in itself, never mind the finances. Perhaps your great-aunt is wealthy enough for someone else to manage the financial side of things?