Applying to be a deputy at the COP

Discussion in 'Legal and financial issues' started by Greggy59, Mar 6, 2015.

  1. Greggy59

    Greggy59 Registered User

    Mar 24, 2014
    5
    #1 Greggy59, Mar 6, 2015
    Last edited: Mar 6, 2015
    Mum 94 has moved in with my sister leaving a house empty in a different area. It been a hard year with mums dementia getting worse and she could no longer cope at home
    As a family we are not ready for her to move into a care home. My sister wanted to care for mum so took her to live with her in December. Because we need to deal with her house and to be able to sign forms on her behalf, we decided to apply to be a deputy as we have no POA. I spoke to the court of protection who were very helpful , they told me which COP forms I need to fill in. Because mum does not have a big financial portfolio. I decided to have a go and fill in the forms myself, the guidance is good and the questions seem easy enough to answer. And the very help full lady at the COP said I could do it with out a appointing a solicitar which would charge me a large sum. I was so proud of my self this week as I finished the forms and sent them off to my sister so that we could get her GP to fill in cop3 and assess mums mental capacity. This is when the fun started. The GP told us they could not fill in the form or assess mum because has only been registared with them since dec 14. And also the form need to be filled by a solicitor. I am sure they are wrong. I them spoke to the social worker ( who had to talk to her manager about this ) they also told me the mental capacity form had to be filled in by a solicitar. I found this very frustrating because as the COP 3 it clearly states that a doctor or social worker can do the assement and fill out the form. Am I going mad or do solicitars have the correct qualification to assess mental capacity. Surely all they do is send it to the doctor to do. So now I am still no further forward . I still can't sign any form on mums behalf and the house will remain empty until I can get permission to deal with mums affairs. I feel I am going round in circles . Mum has no understanding of all this. We should have applied for POW some years ago but never got round to it. Surely the Doctors have assess to all mums record and can see that she has already been assessed by the hospital in Newcastle and her congestive score is low. We are quite willing to pay for them todo this so why are they so reluctant to do this. On Monday I will talk to the COP again. Umti then any help and advise would me very much appreciated. I am so frustrated as I can't seem to move forward. X
     
  2. southlucia

    southlucia Registered User

    Dec 19, 2011
    166
    You’re correct in that a solicitor can’t sign a CoP 3. It has to be a medical professional who can confirm that your mother doesn’t have the mental capacity to agree to a LPA.

    It was my father’s consultant (who had diagnosed his condition) that suggested I apply to be his deputy. Because of this I didn’t have to pay for the CoP 3 to be completed and signed. I understand there can usually be a payment.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    18,828
    Male
    North Manchester
    #3 nitram, Mar 7, 2015
    Last edited: Mar 7, 2015
    There appears to be a new COP3 that clearly spells out that SWs can sign it

    It is Crown Copyright 2013 and clearly mentions SWs

    The practitioner may be a registered:
    – medical practitioner, for example the GP of
    the person to whom the application relates;
    – psychiatrist
    – approved mental health professional
    – social worker
    – psychologist
    – nurse, or
    – occupational therapist
    who has examined and assessed the capacity of
    the person to whom the application relates

    https://s3-eu-west-1.amazonaws.com/rbi-communities/wp-content/uploads/sites/7/2014/03/cop003-eng.pdf


    The one from the justice.gov.uk is in this pack
    http://www.justice.gov.uk/downloads/forms/hmcts-cop-packs/application_02.zip
    it is Crown Copyright 2012 and does not spell out the SW bit

    Make sure you have a Copyright 2013 example and show it to the SW.

    EDIT
    Snapshot of Copyright 2012 wording
     

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  4. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,429
    Rats. Nitram got there first (as so often happens :)). Either a medical professional or a social worker can now sign the COP3 form.


    Personally I would ask the GP how long your mother has to be registered with the practice before they would be willing to sign the form. Not that I can see any legal requirement for the delay since whoever does it will have to visit your mother and assess her. And you will pay a fee for that visit. Did the GP him/herself say that or was it the practice manager: if the latter they may not know as much as they think they do.

    I'm moving this thread to the Legal and financial forum as that is the most appropriate place for it.
     
  5. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,501
    Female
    Near Southampton
    My husband's consultant psychiatrist signed his form and I didn't have to pay anything.
    He was in the hospital for mental health at the time so this may have helped.
    It is so frustrating when professionals who should know about these things give out incorrect advice. It's an onerous businees arranging Deputyship by yourself anyway without this added confusion and hassle.

    Could you try writing to the hospital in Newcastle and asking the Dr who assessed her there to complete the form.
    GPs seem to charge every time they sign anything!
     
  6. susy

    susy Registered User

    Jul 29, 2013
    806
    North East
    Has your mum been assessed ever by a memory clinic or something similar. As others say here most gp's change for things like this (if they will do it at all). Maybe your best bet would be with a hospital psychiatrist or geriatrician who may well be willing to do this with no charge.
     
  7. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,501
    Female
    Near Southampton
    Already stated and hence my suggestion to write to the relevant hospital.
     
  8. Greggy59

    Greggy59 Registered User

    Mar 24, 2014
    5
    Thank you. I now feel I can talk to both the GP knowing that I am correct in what I am saying. I find it very frustrating. I might write to both and underline the guidance notes. We just want to give mum our best support, she deserves it. X
     
  9. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,501
    Female
    Near Southampton
    Good luck. :)
     
  10. canary

    canary Registered User

    Feb 25, 2014
    9,862
    Female
    South coast
    I had a lot of problems getting someone to fill in the form CoP3. I left it with mums GP (who had made the initial diagnosis) and I got it sent back with a note saying that they "dont do this" :eek:
    I contacted my solicitor who gave me a useful phrase, which I will pass onto you. He said "the GP has a legal duty of care towards their vulnerable patients and they are obliged to fill in the form"
    Eventually I got her SW to fill in the form, so I wasnt charged, but if I hadnt been able to I would have written to mums GP using that phrase.
     
  11. hoby cat

    hoby cat Registered User

    Jan 26, 2014
    6
    North Devon
    My mum's consultant, who diagnosed her Alzheimer's charged us £150 to sign the form.
     
  12. Greggy59

    Greggy59 Registered User

    Mar 24, 2014
    5
    #12 Greggy59, Mar 7, 2015
    Last edited: Mar 7, 2015
    Thank you that is good advise. I feel like I am going into battle. I cannot understand why this is so hard. Since mum has had dimentia I feel like we have one problem after another, it wears you down. if you didn't question everything everyone told you, you would get know where. I feel sorry for all the poor people who are on there own dealing with this. Sometimes I think I need a degree in form filling. Xx
     

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