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Canyou request signed LPA replace a deputyship order

mymumsgone

Registered User
May 9, 2020
11
My mums partner applied for a deputyship on my mother last year. In the court application he stated there was no LPA, but there was an LPA which had been sent in to the OPG in 2016, but she had then revoked permission to register at the time of filling it in as she was frightened it would mean at that stage she lost control of her decisions.
My question is can I apply to the court of protection with this signed LPA and ask that it be registered now in place of the deputyship they granted.
The deputyship is held jointly ( me and her partner) the LPA is just me.
Dealing with the OPG is frustrating and needlessly expensive, and also trying to manage her affairs jointly with someone who in the main is non compliant and lacks the urgency or comprehension of any given situation involved in the deputyship is becoming untenable.
 

nitram

Registered User
Apr 6, 2011
20,996
North Manchester
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mymumsgone

Registered User
May 9, 2020
11
I have e mailed the court of protection asking if basically 'LPA trumps deputyship' and if so how can I apply to the court to over ride their deputyship order and replace it with an order to OPG to register the LPA but as usual, with these 'officials' who charge the earth they have not replied to my emails
 
Last edited by a moderator:

canary

Registered User
Feb 25, 2014
13,607
South coast
How far have you got with the deputyship? If it hasnt yet got as far as a court hearing then I think you can withdraw your application. If the deputyship has been awarded, then I have a feeling that you cant go any further. Im not absolutely sure, but I think that rather than an LPA trumping deputyship, the deputyship trumps everything else. I would also be careful not to complain that it is difficult to work with the other deputy too loudly in case the court decides to replace both of you with a panel solicitor - which costs even more.
 

nitram

Registered User
Apr 6, 2011
20,996
North Manchester
Using info from your various posts I think the current situation is;
  • An LPA with you as sole attorney was completed and sent to the OPG for registration.
  • Before it was registered your mum changed her mind and informed the OPG that she no longer wanted to grant the power.
  • The OPG returned the unregistered LPA
  • Joint (and several?) Deputyship was applied for and granted to you and your mum's partner, you are currently working on the annual accounts.
  • You now want the deputyship to be cancelled and the LPA registered,
Is this correct?

The last request your mum made whilst she retained capacity appears to have been to stop registration of the LPA, as far as the OPG and COP are concerned it does not exist.

 

mymumsgone

Registered User
May 9, 2020
11
Using info from your various posts I think the current situation is;
  • An LPA with you as sole attorney was completed and sent to the OPG for registration.
  • Before it was registered your mum changed her mind and informed the OPG that she no longer wanted to grant the power.
  • The OPG returned the unregistered LPA
  • Joint (and several?) Deputyship was applied for and granted to you and your mum's partner, you are currently working on the annual accounts.
  • You now want the deputyship to be cancelled and the LPA registered,
Is this correct?

The last request your mum made whilst she retained capacity appears to have been to stop registration of the LPA, as far as the OPG and COP are concerned it does not exist.
The request to not register it at that time was coerced by the now 'joint depty' who then went on to wait 2 yrs until my mother was declared unfit to make decisions when upon he then applied as SOLE deputy to the court.
The court refused to grant him sole deputyship and insisted they would only grant a joint ( not and several) order which involved me. I had sent in paperwork advising I did not wish him to be deputy, neither did i want to be and I wanted a 3rd party to be in charge of her affairs. This was ignored by the court, as was the information that a LPA was in existance but had not been registered because of the interference of the person who was now trying to gain sole authority over her finances.

And as for someone elses comments about not speaking up or they are likely to revoke the deputyship I dont work like that, and anyone with morals and integrity about making sure the truth and right thing are done shouldn't be afraid to voice their reservations either . If all my mothers money is spent on a 3rd party making her decisions thats fine with me Id rather have a clear conscience than worry all her money is going, but then some people arent of the same up bringing as I am
 

canary

Registered User
Feb 25, 2014
13,607
South coast
And as for someone elses comments about not speaking up or they are likely to revoke the deputyship I dont work like that, and anyone with morals and integrity about making sure the truth and right thing are done shouldn't be afraid to voice their reservations either . If all my mothers money is spent on a 3rd party making her decisions thats fine with me Id rather have a clear conscience than worry all her money is going, but then some people arent of the same up bringing as I am
OK thats fine. You had not mentioned about your concerns about her partner, only that deputyship was "needlessly expensive" and that her partner was "non compliant and lacks the urgency or comprehension of any given situation involved in the deputyship". I was unaware that you were concerned that he would misappropriate her finances.