another deputyship question......sorry

[tealover]

I printed off the COP42 guidance and it is confusing to say the least....

I assume that my Mum would be the donor and I am the applicant, so when I get to section 18 "How do I notify the person to whom the application relates" it says that under the COP rules "you need to notify the person to whom the application relates that your application has been issued........"

So what does all that mean please? When I originally queried about deputyship alot of responses indicated that mum wouldn't even need to know firstly as she doesn't have capacity and secondly because when we did attempt POA with mum and solicitor she got dreadfully confused and agitated.

I am concerned that if this has to be notified to mum we may struggle to progress and are already, 2 months since mum was admitted struggling with funding for clothes (she has put weight on since she has had improved nutrition and I have had to buy new clothes for her) and in the average 4 months it takes for deputyship to be sorted we will also have RH bills to pay etc.

Sorry for the length of this, hope it makes sense!!


Thank you in advance

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[Saffie]

I can only write from my own experience but what I did was to take the form with me when I visited my husband in hospital and told him what I was doing. Of course, he didn't understand a word I said.
I then completed the form which officially says that you have notified the person concerned but filled in the part that said that I hadn't notified him and why. I wrote that I had done my best to do this but that he did not understand. It was accepted by the CoP.
Hope this helps.
I did think it was a pretty silly thing to have to do when the whole reason for Deputyship is that a person had lost the mental capacity to understand!

 

[marionq]

I looked up the guide and it seems to be saying that you should involve the person without capacity in those matters where they seem to have capacity. So I guess this is a safeguarding for them that if you think your Mum could understand then you should inform her. My reading of it also suggests that if she would react without understanding what is necessary and in Her best interests then you can let it go.

Does that sound right?

 

[Saffie]

My reading of it also suggests that if she would react without understanding what is necessary and in Her best interests then you can let it go.

Does that sound right?

It's how I read it, yes. That's why I did try and wrote that I had done so but that he wasn't able to understand. As I say, the CoP just accepted it as I heard nothing back from them.

 

[nitram]

As Saffie said, just state that she does not understand and also gets very distressed and agitated if any attempt is made to explain anything.

Remember that you are also submitting a COP3.

 

[tealover]

Thank you all. That makes perfect sense!

Nitram, with regards to the COP 3, as Mum has now left the assessment centre at hospital do I ask her GP to complete that or the Consultant from whose care she has been discharged. Would the GP then need to writ to the centre to get confirmation of lacking capacity or do his own assessment?

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[Saffie]

I looked up the guide and it seems to be saying that you should involve the person without capacity in those matters where they seem to have capacity

.
I would imagine that if the person concerned has capacity at all, it might, just might, be possible to arrange an LPA on a good day. However, I guess they do need to be sure.

tealover, obviously your question was addressed to nitram so I'll leave it for him to respond. I never remember the numbers of the forms anyway!
My husband was in a mental health community hospital at the time so his consultant pychiatrist signed that he had no capacity, which made it easy.

 

[tealover]

Thanks saffie, that sounds like the best position really, so dreadfully sad that we are even having to worry about such things

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[nitram]

Either the GP or consultant can fill in the form, the choice is yours.

If the GP was uncertain of her current condition (s)he would most likely advise you to ask the consultant to complete the form.

The consultant is unlikely to charge, the GP may well do so.

If there is any likelihood of contention the consultant's opinion would carry more weight.