Being forced to apply for Deputyship

Discussion in 'I have a partner with dementia' started by Alex54, Oct 17, 2019.

  1. Alex54

    Alex54 Registered User

    Oct 15, 2018
    169
    Male
    Newtown, Wales
    Things have been going very smoothly for the last few weeks, guess I know it could not last!

    Received email from the finance department from our council this morning regarding our contribution towards care costs. Basically they refuse to talk unless I get legal representation.

    XXXX County Council request that you apply to become Deputy for YYYY.
    If you do not make an application with 28 days of this correspondence or consider that you cannot make this application/ would not be in a position to do so, then the Local Authority will apply to become Deputy for YYYY


    This is really annoying, deputyship would cost over £1000, wiping out most of the finances my wife holds. I have replied saying that if they require Deputyship then they should cover the cost involved.
     
  2. Louise7

    Louise7 Registered User

    Mar 25, 2016
    1,313
    Annoying as it is, if there isn't a power of attorney in place for your wife then someone will have to act as deputy. Depending on her income/savings then the fee might either be reduced or waived (current basic fee is £365, and an extra £485 if a court hearing is needed). Details about applying for help with the fees are here: https://assets.publishing.service.g...ds/attachment_data/file/702150/cop44b-eng.pdf

    You'll have to decide whether you want to take on the deputyship yourself or leave it to the council to take over control of your wife's finances - no-one will force you to take it on if you don't want to. I guess there will be pros and cons for either option - hopefully someone on here with experience of being a deputy will be able to provide you with more info about what is involved. I think that you can make the application yourself without necessarily needing to use a solicitor.

    The extract you've posted from the email doesn't say anything about the council refusing to talk to you unless you have legal representation - is this in relation to something else other than the deputyship?
     
  3. Alex54

    Alex54 Registered User

    Oct 15, 2018
    169
    Male
    Newtown, Wales
    It is a long-running situation regarding the valuation of our home in France. Basically social services are preventing us from returning to our home in France and we are renting in the UK. Care costs are being deferred against our home, but when my wife dies I will go back and live in the house. The issue is when if ever will the care costs be become payable, I have been pushing for the council to define the repayments terms, the need for deputyship is their latest response.

    Looking at the fees situation if looks as though you can get a total exception if you get housing benefit. Fingers crossed we might qualify.
     

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