Court of Protection Deputy Delays!!

sausagedog

Registered User
Aug 22, 2019
65
0
My MIL has Alzheimer’s & was widowed 2 years ago. After a lot of contention between her 3 children, a CoP appointed Deputy was decided by the Court in March this year.

My husband & his siblings are STILL awaiting as to whom the Deputy will be!! My husbands Solicitor has ‘chased’ the CoP & it takes several weeks to even get a response from them. Is anyone else out there having a similar problem?
 

canary

Registered User
Feb 25, 2014
25,075
0
South coast
I had court of protection deputyship for my mum - fortunately, there were no family disputes.
Is any of the family living with your mum, or acting as her carer? You see, Im not sure that legally the CoP has to tell anyone who the deputy is. The CoP will have appointed a panel solicitor and although you would hope that they would work with the family, I dont think that, legally, they have to,
 

Kevinl

Registered User
Aug 24, 2013
6,361
0
Salford
CoP is the Court of Procrastination never expect too much, that said in their defence some of the decisions they have to make are very significant, handing over one person's whole financial life to another person isn't to be taken lightly, especially where there is a difference of opinion about what is best.
K
 

sausagedog

Registered User
Aug 22, 2019
65
0
Thank you everyone for responding & appreciated (awake as it’s hot!)

My MIL is in a Care Home. My husband pays her ‘top up’ fees & also her personal allowance. His sister disputed him being the Deputy, which he had to apply for after she had previously disputed 2 firms of Solicitors acting as Deputy. Interestingly, the Court awarded my husband all of his legal costs which will have to go through any instructed Deputy for their consideration.

As MIL’s husband died 2 years ago, his Estate cannot move forward until a Deputy is in place as there are assets in France. ....I don’t think it’s a simple matter that the CoP don’t need to tell family members which Deputy is in place etc. It is absolutely vital they know who is acting as Deputy so that FILs Estate Solicitors can be advised and who need to liaise with any instructed Deputy.

I was making the point that even though my husbands Solicitor has ‘chased’ the CoP regarding this very important matter, still things drag on and on ....it doesn’t give one much confidence in the whole system with things of this nature.

Its been hugely disappointing that despite my husbands best efforts to try and progress matters, things are still just left up in ‘mid air’.
 

GeorgeMKeynes

New member
Oct 24, 2019
5
0
Thank you everyone for responding & appreciated (awake as it’s hot!)

My MIL is in a Care Home. My husband pays her ‘top up’ fees & also her personal allowance. His sister disputed him being the Deputy, which he had to apply for after she had previously disputed 2 firms of Solicitors acting as Deputy. Interestingly, the Court awarded my husband all of his legal costs which will have to go through any instructed Deputy for their consideration.

As MIL’s husband died 2 years ago, his Estate cannot move forward until a Deputy is in place as there are assets in France. ....I don’t think it’s a simple matter that the CoP don’t need to tell family members which Deputy is in place etc. It is absolutely vital they know who is acting as Deputy so that FILs Estate Solicitors can be advised and who need to liaise with any instructed Deputy.

I was making the point that even though my husbands Solicitor has ‘chased’ the CoP regarding this very important matter, still things drag on and on ....it doesn’t give one much confidence in the whole system with things of this nature.

Its been hugely disappointing that despite my husbands best efforts to try and progress matters, things are still just left up in ‘mid air’.


I was very successful, when I ran out of patience with the COP over a Deputy application, with their formal complaints procedure which uses the on-line complaints tool Resolver, of which I had not previously heard. I am told that solicitors have no better access to the COP than lay people and I imagine only lay people will use the complaints tool.
 

sausagedog

Registered User
Aug 22, 2019
65
0
I was very successful, when I ran out of patience with the COP over a Deputy application, with their formal complaints procedure which uses the on-line complaints tool Resolver, of which I had not previously heard. I am told that solicitors have no better access to the COP than lay people and I imagine only lay people will use the complaints tool.


Yes - it’s been an extremely slow process but we finally received notification of who the actual Deputy is within the last month who has now made contact - at least my MIL has one! The foreign side of things will carry on at the usual snails pace over in France but again, they have been waiting for the UK Deputy to be appointed also.
 

Kikki21

Registered User
Feb 27, 2016
2,270
0
East Midlands
I was very successful, when I ran out of patience with the COP over a Deputy application, with their formal complaints procedure which uses the on-line complaints tool Resolver, of which I had not previously heard. I am told that solicitors have no better access to the COP than lay people and I imagine only lay people will use the complaints tool.

I’m glad that Resolver worked well for you. I have used it in another matter & hope I will get a good result out of it!
 

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