COP1 - General question on Respondents and an unusual situation regarding Notifying

Discussion in 'Legal and financial issues' started by TheFootyPoet, Nov 10, 2015.

  1. TheFootyPoet

    TheFootyPoet Registered User

    Nov 10, 2015
    24
    South of England
    Hi all,

    I am new to this forum. I was recently appointed as a Deputy for my mum, who has suffered from Alzheimer's for around 5 years (officially diagnosed in 2011).

    I never originally completed a COP1 (there are unusual circumstances why this was the case). It was served on 19th October after waiting almost 6 months - the original COP4 was submitted in April 2015. I now need to complete a new COP1 to accompany a COP1e as I wish to act on her behalf to sell her existing property and buy a more suitable property for her (a flat in a warden assisted complex close to me).

    I have one very general question about completing the COP1 and one very unusual dilemma about who I should notify.

    General Question:
    It is obvious, that "Respondents to be served" is different from "People to be notified".

    I have found a few related posts on here about the differences. It has been implied, that Respondents are people who generally rely on my mum (i.e. a tenant), or their finances are intertwined, i.e. a spouse if there was one.

    There isn't anyone who either relies on mum or has any shared or joint finances. Therefore, I do not intend completing this part - is that a fair assumption?

    My unusual case for "Not Notifying":
    Ok, so I need to notify close relatives. Of the ones that really matter this would be:

    My two brothers
    My auntie (mum's twin sister)

    In the case of my two brothers, one is under suspicion of stealing from mum. In fact he had joint LPA with me, but this was nullified back in March following his arrest and OPG / Police investigations that started in 2014. Therefore, I have no wish for him to know or be involved (nor would my mum if she knew he had stolen a large sum of her money from her).

    Additionally, my auntie has Alzheimer's, so there would be no point notifying her as she would not understand.

    I am intending to notify my eldest brother (only) and my cousin, who has always been close to my mum. Would this suffice?

    I want to get this through as quickly as possible (there is a good reason for this) so I don't want to incur the COP taking unecessary time assessing relevance if it is evident I need to inform everyone.

    Feedback welcome.
     
  2. sue38

    sue38 Registered User

    Mar 6, 2007
    10,856
    Wigan, Lancs
    The notes state

    There is, in my opinion 'another good reason' why your aunt should not be notified given her own diagnosis, but I'm not sure this applies to your brother. I can understand why you don't want him to be notified, but does this amount to a good reason? I would ring the COP for guidance. If you decide not to notify him you should make this clear in the form.

    Have you looked at the Practice Direction on notifying https://www.judiciary.gov.uk/wp-content/uploads/2014/05/9B-Notification.pdf?
     
  3. TheFootyPoet

    TheFootyPoet Registered User

    Nov 10, 2015
    24
    South of England
    Thanks Sue, I will look this up before completing - sound advice.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.