CoP Deputyship withdrawal - COP9 help needed

mamacita63

Registered User
Sep 4, 2023
12
0
Hi, I posted here a while ago for advice about my father's deputyship application and issues with my sister's behaviour (moving her son into my dad's apartment mainly). I decided to withdraw from the application and the CoP has now asked me to complete a COP9. Please can anyone tell me if the wording below is the right sort of thing to put under "grounds for seeking order of direction"? Thank you

My sister xxx and I submitted an application for joint deputyship of my father's financial affairs - Ref: xxx . It was submitted to a third party (xx Legal Services) so I am unsure of the exact date however I believe it was sent to you in July or possibly August 2023. It has not yet been approved. The reasons for my application to withdraw my name from the deputyship application are as follows:
1. My mother died in July and my father required a lot of care and was placed in a care home in June, which has taken him a long time to settle. I have been under a lot of stress looking after both my parents in the last year and more. I have had a total of almost 3 months sick leave due to stress and although I returned to work in August I am still not fully recovered and have been having counselling. I continue to support my father with regular visits and emotional support and feel that the additional stress of the deputyship would be detrimental to my health.
2. My relationship with my sister X has deteriorated and since September we have not been on speaking terms. In the circumstances it is untenable for us to be joint deputies. I believe she is happy to be sole deputy.
 

nitram

Registered User
Apr 6, 2011
30,731
0
Bury
I think that would be OK, if anything too detailed, probably best left as it is.
Legislation only requires the reasons for request to be succinct

10.1
...
...

(4) An application made during the course of existing proceedings includes an application made during appeal proceedings.

(5) Where the application seeks solely to withdraw an existing application
(a)the applicant must file a written request for permission setting out succinctly the reasons for the request;
(b)the request must be in an application notice;
(c)the court may permit an application to be made orally at a hearing or

in such alternative written form as it thinks fit.

https://www.legislation.gov.uk/uksi/2017/1035/part/10/made .
 

mamacita63

Registered User
Sep 4, 2023
12
0
Thanks for your help. I didn't see that guidance! So presumably I just send it, no need to pay more money?
 

mamacita63

Registered User
Sep 4, 2023
12
0
Sorry one more question. It says I may need to serve copies on every other party to the proceedings. Does this mean I should send a copy to my sister (she is on the joint deputyship application) or is that not necessary?
 

nitram

Registered User
Apr 6, 2011
30,731
0
Bury
Sorry one more question. It says I may need to serve copies on every other party to the proceedings. Does this mean I should send a copy to my sister (she is on the joint deputyship application) or is that not necessary?
It says 'may', as sister is
happy to be a sole deputy
you may as well send her a copy unless she will not like
2. My relationship with my sister X has deteriorated and since September we have not been on speaking terms. In the circumstances it is untenable for us to be joint deputies. I believe she is happy to be sole deputy.
 

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