COP 1: Respondent vs. Notify?

[mike004]

I'm filling in form COP1 (Court of Protection application form) to become a Deputy with responsibility for financial affairs for Mum.

Also filling in COP 1A (Supporting information for property and affairs applications),
COP 3 (Assessment of capacity) and COP 4 (Deputy's declaration).

Question: Do I need to specify any respondents? Respondents must be served with copies of all application forms, supporting papers, wills etc.
Instead, I have added any interested relatives to the People to Notify table.

 

[Saffie]

Hi there. I only notified my 2 daughters. Nobody else was involved at all with the application to become my husband's Deputy.

 

[nitram]

IANAL but I think respondents would be people whose finances are intertwined with those of the person.

 

[mike004]

>but I think respondents would be people whose finances are intertwined with those of the person. <

OK. There is nothing like that.

 

[mike004]

The notes for COP1 say:
"The court requires two copies (original plus one copy) of each form and document you file.

I guess this to mean:
* Original + copy of COP1, COP1A, COP3, COP4. Easy enough.
* Original + copy of Mum's will. Impossible. We cannot trace the original.

 

[nitram]

Contact the >>>OPG<<< and explain the problem. They should be able to advise.

 

[mike004]

In any event, I would not want to post off an original of a will.
That's asking for problems!

 

[Saffie]

Will?
I didn't have to send off a copy of my husband's Will.

 

[J W]

Deleted

 

[nitram]

I assume it's COP1a that makes you think you have to include the will plus copy.

You could say

3.2 - made a will - yes
    - enclosed a copy - no

3.3 - leave blank, you don't know where the will is or say will lost during succession of
      solicitors.

3.4 - enter names of executor(s)

No need to attach will

 

[mike004]

Ok, so they don't need a copy of Mum's will?
How about in COP4 Deputy Declaration, where they ask if I have an interest in Mum's will?

 

[nitram]

Once again IANAL but I think they are asking if you are a beneficiary.

 

[mike004]

Ok, they just want to know if I have an interest. Not the full details.

 

[nitram]

You need to ask the OPG or a solicitor for advice.
You are going to say you are a beneficiary in a will that in COP1 you say you don't know the whereabouts of, you are only working from a copy that you believe to be correct but you are not submitting this with COP1.

 

[FifiMo]

Mike,

I would just tell it as it is. You are led to believe that the copy of the will that you have seen is the last will and testament for your mother but without having deputyship you are unable to ascertain whether this is true or not as no one will talk to you without it.

What they (the COP) will want to do is make a note on the file such that when you do your annual financial returns that someone checks to make sure that you're managing the finances for the benefit of the person and not making decisions which are intended to benefit your inheritance, if you see what I mean.

When I applied to the COP i sent a copy of the copy that I had and at one stage they asked if I had since seen the original and I said no as I didn't think it was appropriate to pay a solicitor to see it. I said however if you want me to do so and confirm that that the cost is reasonable then I would proceed. They said nah its ok thank you very much.

Sometimes with the likes of the COP/OPG if you are seen to be helpful and cooperative this is received better than if they think there is something to hide and then they'll never get off your back for a month of sundays.

HTH

Fiona

 

[mike004]

OK, I'll phone the OPG about only having a copy of Mum's will.

One last question: Do I need to notify three people, or will two do?

 

[Saffie]

I only notified 2 people - my 2 daughters. Neither actually wanted the forms I gave them but it meant I was able to sign and return the form which stated I had delivered them.
Also my husband too of course though he didn't have a clue what I was talking about when I explained it to him. I didn't understand just why one had to tell the person concerned because if they had mental capacity, one wouldn't be applying for
Deputyship!

 

[mike004]

The notes for the form say try to get three people.
But if two will do, that will speed it up. One party may drag their feet, I think.

 

[Saffie]

Perhaps it's changed. I couldn't have found a third person who would have been even vaguely interested.

Edited to say that I have just checked my copy of instructions for COP1 form and it does say 3 but the first person in the list is 'Spouse or Partner' of the person. So that would be me - so I wonder if that made a difference. I do know I only notified my husband and my 2 daughters. Perhaps I read it as this as the three - it's a while ago now, 3 years and though I have some copies of the forms etc. here, I don't have everything.
So perhaps best to ignore my inadequate contribution to try to help and stick with the 3 or add this query to the others if you do ring the CoP.

 

[tealover]

I assume it's COP1a that makes you think you have to include the will plus copy.

You could say

3.2 - made a will - yes
    - enclosed a copy - no

3.3 - leave blank, you don't know where the will is or say will lost during succession of
      solicitors.

3.4 - enter names of executor(s)

No need to attach will

Hello just about to embark on all of this.

I know where Mums original will is, and yes, I am a beneficiary as well as other family members.

A) the above section stateshas a "copy" been enclosed........is that a copy from the solicitor or am I able to just photocopy?

B) does being a beneficiary make any difference......surely most deputies are?

Thankyou