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Application for Court Funds?

Yorkshire Boy

Registered User
Oct 31, 2021
14
0
Does anyone know about Application for Court Funds?

As I've written before in another thread, my sister was/is keen to set herself up as the main carer for our elderly father and be paid out of his account for this. Each time I've tried to point out to her that this is not straightforward and compromises her position as a POA, she has get cross.

She sent me some info last week that she had copied and pasted from the website of the Office of the Public Guardian. I had a quick read, replied to thank her for it and pointed out that whilst some of it was helpful, other sections showed how complicated and nuanced this whole area is and why we should be working together to think things through.

I got a really angry email back. One of the things she said was that she was going to consider an Application for Court Funds. All I could find online was stuff that related to looking after finances for minors (e.g. under 18s). I rang Age UK and they were baffled and said that their understanding was that it related to minors but advised me to ask the OPG.

The person I spoke to at the OPG said that there was scope to apply for Court Funds but in cases like my dad's it had to be special circumstances and that it was far from straightforward. He couldn't say much more as it was not part of the remit of the OPG.

Does anyone here have any knowledge of Applications for Court Funds? What does it do? What are the implications etc?

My dad is struggling with his memory which does lead him to get into muddles and he is a bit vulnerable but he is far from incapacitated.

Thanks in advance for any knowledge/expertise that anyone is able to share
 

Grannie G

Volunteer Moderator
Apr 3, 2006
75,006
0
Kent
I wish I could help @Yorkshire Boy but I've no idea.

All I can say is if your sister does apply for Court Funds and the OPG has told you it is not straightforward then perhaps you have no need to worry.

Others may have had more experience and may post later but until then please contact the Dementia Connect Helpline. It will be able to give accurate information.

 

Yorkshire Boy

Registered User
Oct 31, 2021
14
0
Thanks once again Grannie G.

If it was a way for somebody external to set up a legal, permissible way for her to be paid. I'd happily consider it. I'd have other concerns about her wellbeing in taking on the role and although I'd need to be convinced that it was sustainable for my dad and her, those objections are not set in stone.

I just don't know anything about it.
 

nitram

Registered User
Apr 6, 2011
24,042
0
North Manchester
Does anyone here have any knowledge of Applications for Court Funds? What does it do? What are the implications etc?
I've had a lay dig around probably resulting in what you have already found.
Just in case I have uncovered something I've gleaned the following.

A court fund holds any money awarded by a court to a child until they become 18, a litigation friend oversees the finances with permission.

If an adult lacking capacity has a COP deputy the same applies with the deputy replacing the litigation friend although there is reference to what is said in the court order appointing the deputy.
No mention of an attorney, maybe because the court grants the power to an attorney and only allows a deputy to act on its behalf.

A deputy can apply for other funds to be added to the court funds although I can't find any reference as to when or why other than 'special'.
I found the somewhat unintelligible Court Fund Rules which might be of help.

I think you need advice from a specialist solicitor probably best located in a large rather than a high street firm.

Good luck.
 

I thank you for the years

Registered User
Oct 5, 2021
16
0
Hi @Yorkshire Boy

Just to add to the information posted above by nitram - the e-mail link below Includes information about how individuals manage a Court Funds Office account for someone for whom they are a property and affairs deputy and are authorised by the Court of Protection to look after money on their behalf.


The key thing here is that such a deputy would be managing an account that was opened for the individual (for whom they are acting on behalf of) by a court order, for example for money they received from a court case. Has your father received any money from a court case which is being held for him in a Court Funds Office account. If he doesn’t have any monies in such an account then I cannot see how an Application for Court Funds can be made for him.

It is also possible to apply to the Court of Protection to be a deputy to someone who has lost capacity (the weblink below refers) but as far as I understand it you and your sister already have Lasting Power of Attorney for your father and the fees and oversight of those acting as deputies rather than attorneys are significantly more extensive.

 

Roman223

Registered User
Dec 29, 2020
118
0
Does anyone know about Application for Court Funds?

As I've written before in another thread, my sister was/is keen to set herself up as the main carer for our elderly father and be paid out of his account for this. Each time I've tried to point out to her that this is not straightforward and compromises her position as a POA, she has get cross.

She sent me some info last week that she had copied and pasted from the website of the Office of the Public Guardian. I had a quick read, replied to thank her for it and pointed out that whilst some of it was helpful, other sections showed how complicated and nuanced this whole area is and why we should be working together to think things through.

I got a really angry email back. One of the things she said was that she was going to consider an Application for Court Funds. All I could find online was stuff that related to looking after finances for minors (e.g. under 18s). I rang Age UK and they were baffled and said that their understanding was that it related to minors but advised me to ask the OPG.

The person I spoke to at the OPG said that there was scope to apply for Court Funds but in cases like my dad's it had to be special circumstances and that it was far from straightforward. He couldn't say much more as it was not part of the remit of the OPG.

Does anyone here have any knowledge of Applications for Court Funds? What does it do? What are the implications etc?

My dad is struggling with his memory which does lead him to get into muddles and he is a bit vulnerable but he is far from incapacitated.

Thanks in advance for any knowledge/expertise that anyone is able to share
 

Roman223

Registered User
Dec 29, 2020
118
0
Hello Yorkshire Boy just out of interest how do you get in touch with a person at OPG? I have been trying for months - but have not managed to speak to anyone. I even emailed and they still did not provide me with the info I was after.
 

nitram

Registered User
Apr 6, 2011
24,042
0
North Manchester
out of interest how do you get in touch with a person at OPG?
2020-09-08_100326.png

The OPG will not give advice, only factual information.
 

Jaded'n'faded

Registered User
Jan 23, 2019
2,420
0
High Peak
Does anyone know about Application for Court Funds?

As I've written before in another thread, my sister was/is keen to set herself up as the main carer for our elderly father and be paid out of his account for this. Each time I've tried to point out to her that this is not straightforward and compromises her position as a POA, she has get cross.

She sent me some info last week that she had copied and pasted from the website of the Office of the Public Guardian. I had a quick read, replied to thank her for it and pointed out that whilst some of it was helpful, other sections showed how complicated and nuanced this whole area is and why we should be working together to think things through.

I got a really angry email back. One of the things she said was that she was going to consider an Application for Court Funds. All I could find online was stuff that related to looking after finances for minors (e.g. under 18s). I rang Age UK and they were baffled and said that their understanding was that it related to minors but advised me to ask the OPG.

The person I spoke to at the OPG said that there was scope to apply for Court Funds but in cases like my dad's it had to be special circumstances and that it was far from straightforward. He couldn't say much more as it was not part of the remit of the OPG.

Does anyone here have any knowledge of Applications for Court Funds? What does it do? What are the implications etc?

My dad is struggling with his memory which does lead him to get into muddles and he is a bit vulnerable but he is far from incapacitated.

Thanks in advance for any knowledge/expertise that anyone is able to share
Forgive me if this is a stupid question:

I'm assuming you and your sister hold joint PoA. I'm also assuming the main problem with your sister being a paid carer for your father is that attorneys cannot benefit from their position. Might it solve the issue if your sister resigned her position as PoA, leaving that to you? Could you then employ her as a carer?
 

Yorkshire Boy

Registered User
Oct 31, 2021
14
0
I'm assuming you and your sister hold joint PoA. I'm also assuming the main problem with your sister being a paid carer for your father is that attorneys cannot benefit from their position. Might it solve the issue if your sister resigned her position as PoA, leaving that to you? Could you then employ her as a carer?
I have mentioned that as a possibility we could think about. As I mentioned there are other concerns I have around that but they are not set in stone. I don't know what she thinks of the idea as it's very hard to have a calm, rational conversation with her at the moment.