Advice on applying for court of protection deputyship

[tss502]

Hi,
My partner's mum has been in hospital for a while and has lost capacity for health and welfare and property and finance. She will shortly be moving to a care home. Nobody has LPA in place and we would like to put deputyship in place via Court of Protection. She has been supported with her finances over the past few years by her daughter, but we have become aware that there is money unaccounted for/missing from the current account, and that adequate records have not been kept, plus the daughter did not inform DWP that mum was in hospital. Given these concerns my partner would like to do the deputyship himself. However the social worker has advised that mum would still prefer the daughter to manage the money and property, and that we should respect her wishes, despite the discrepancies noted above. Social worker is refusing to complete the assessment section of the COP3 form. I understand this may not be unusual. We are concerned that we've repeatedly raised concerns about potential financial abuse and the social worker has not adequately investigated this and dragged her feet on the capacity assessment for property and finance. Has anyone else encountered a similar situation?

 

[nitram]

Many members have reported difficulty in getting anybody to sign a COP3 and have had to use an independent social worker

Daughter is extremely unlikely to get H&W deputyship.
Deputies are closely monitored and have to submit detailed annual reports making malpractice almost impossible.
You will be able to object to the appointment with proof of unsuitability.

 

[Collywobbles]

We couldn’t get the COP3 assessment section completed for my Granny. As a self-funder she’d had no contact with SS, and her GP point blank refused, just saying they were too busy for private work. I tried as many other options as I could, but drew a blank. I queried it with SS and Granny’s solicitor, neither of whom could help or offer useful advice.

If the daughter is applying and you’ve been advised that the process will treat her as the preferred person based on what her mother says, it might be best to trust the process. It may be a rough ride to begin with, but she’ll be in for a rude shock when she’s required to supply the compulsory financial accounts detailing all of the spending. I know someone who was prosecuted and jailed for abusing a financial POA, and I expect the penalties would be that severe for a misused Deputyship.

 

[tss502]

Thanks both, I don't think the daughter will apply, the process will be too complex for her, and there's no way she would be able to supply the annual accounts. So we are less concerned on that score. But it does leave us a bit in no-mans land if nobody has this. Social worker seems to be implying we carry on with the informal arrangements which have been in place for past few years, but the bank card is blocked now, and clearly those arrangements have not worked well, regardless of what mum thinks!

 

[nitram]

If nobody applies the LA will take over and a solicitor will be appointed who will completely take over financial control and be paid a fee.

Will the clearing and sale of a house be involved?

 

[tss502]

If nobody applies the LA will take over and a solicitor will be appointed who will completely take over financial control and be paid a fee.

Will the clearing and sale of a house be involved?

Yes I think this will need to be done, otherwise the house will remain unoccupied

 

[nitram]

Yes I think this will need to be done, otherwise the house will remain unoccupied

The house cannot be sold untill a deputy is appointed, a free emergency application for permission to sell it to pay for care can be made alongside the main application.
Before a solicitor is appointed consider removing sentimental items of little intrinsic value, the deputy will have the keys.