COP3 GP refused to complete, help!

KAT365

Registered User
Oct 19, 2016
22
0
I am putting together the forms in order to become my Dad's Deputy and asked his GP to assess Dad and complete the COP3 (expecting a fee etc.) but they refused saying they "don't" do these. They suggested a private psychiatrist or solicitor.

I contacted not only a couple of private psychiatrists ( estimate £1-1.2k ouch!) but also the local Dementia Advise helpline. The latter contacted the Community Mental Health Team consultants (Dad having previously been discharged from their Care in the Spring before he fell and had 9 weeks in hospital during which period the hospital team deemed he incapable of making decisions!) who indicated that the GP should be doing the assessment as they know him best.

I am thinking of contacting the GP and trying again - has anyone had any success on the second attempt?

Dad did recover a bit on his return home so we waited to see if he would be able to sign a LPA but we don't think he has. He has round the clock care at home but currently it is paid for by another relative not himself, all other bills are on DD.

Thanks for reading.
 

Saffie

Registered User
Mar 26, 2011
22,513
0
Near Southampton
My husband's consultant psychiatrist completed my application and didn't charge anything. Whoever within the hospital deemed your father as not having mental capacity to make decisions should really be the one to sign this. Good luck.
 

cragmaid

Registered User
Oct 18, 2010
7,936
0
North East England
The following advice can be tried unless somebody has already notified the OPG of his lack of capacity.

Download the LPA forms and Guidance Notes from the OPG website.

Then have you actually tried saying to Dad..." Dad, I would like you to sign this form ( LPA Finance and Legal) telling the Government that you want me to help you with your pension and banking things. So that if you can't tell them your wishes, I can do it for you"

If you make sure that you ask him in front of a witness ( family friend who has known him for at least two years) and he says "OK pet".....job done.....
Likewise asking him to sign the Health and Welfare LPA " So that I can tell the Doctors your wishes, if you are not able to"
.....and register them straight away.
Even people believed to be not having Mental Capacity, have days when they are cogniscent.
 

KAT365

Registered User
Oct 19, 2016
22
0
The following advice can be tried unless somebody has already notified the OPG of his lack of capacity.

Download the LPA forms and Guidance Notes from the OPG website.

Then have you actually tried saying to Dad..." Dad, I would like you to sign this form ( LPA Finance and Legal) telling the Government that you want me to help you with your pension and banking things. So that if you can't tell them your wishes, I can do it for you"

If you make sure that you ask him in front of a witness ( family friend who has known him for at least two years) and he says "OK pet".....job done.....
Likewise asking him to sign the Health and Welfare LPA " So that I can tell the Doctors your wishes, if you are not able to"
.....and register them straight away.
Even people believed to be not having Mental Capacity, have days when they are cogniscent.

Thank you Cragmaid for your reply.

Sadly, Dad only has the occasional moments when he can hold a conversation. These are unpredictable and he is easily distracted. We had hoped he would improve enough to do LPA but ...
 

KAT365

Registered User
Oct 19, 2016
22
0
My husband's consultant psychiatrist completed my application and didn't charge anything. Whoever within the hospital deemed your father as not having mental capacity to make decisions should really be the one to sign this. Good luck.

Thank you Saffie, for your reply.

I am hoping to find out who deemed Dad incapable (don't think it was a Consultant possibly a Registrar) but he was in a worse state while he healed in hospital than now (was discharged in June) and has not been seen by that team since. His GP has seen him a few times since then, hence approaching him first.
 

canary

Registered User
Feb 25, 2014
25,018
0
South coast
I had exactly the same problem when I asked Mums GP to fill in the COP3. In mums case her Social Worker was happy to fill in the form (and didnt charge me), but I was also told that her GP is "obliged to fill in the form as he has a duty of care towards his vulnerable patients". I memorised the phrase in case I needed it......
 

Rettaere

Registered User
Sep 30, 2014
232
0
Liverpool
I had to get same for my aunt, doctor came out and firstly said my aunt had compacity until I got social worker to intervene as my aunt still thought she went shopping my uncle was alive etc. It cost over £400 but he came back again and asked proper questions and filled form out. He implied it is less hassle if you do poa but my aunt was vulnerable and I wanted to make sure everything was done to protect her. Get in touch with whoever diagnosed, people involved they should do form.Hope you get sorted, its a long process. Hugs Retta x
 

KAT365

Registered User
Oct 19, 2016
22
0
Just an update, Dad had an assessment yesterday (privately) and the outcome was as expected. So I am now finishing off the forms for Deputyship. Thank you all your advise.:)
 

Shedrech

Registered User
Dec 15, 2012
12,649
0
UK
sounds awful to say well done, KAT365, but you know what I mean
I'm glad you're now able to get on and organise the Deputyship
best wishes
 

Ritab

New member
Sep 16, 2018
1
0
I just joined this forum as I could see that other people were having a problem getting the COP3 form completed. Mum's old doctor said I have to go through a solicitor to do this but on the form, it asks "are you getting a solicitor to represent you" and you can say Yes or No. She now has a new doctor since going into a Nursing Home so will ask her new doctor. Any advice gratefully received.
 

Exning

Registered User
Aug 26, 2018
57
0
Am I missing something. If you are trying to set up a Power of Attorney the person has to have capacity. If their doctor thinks they have already lost capacity then you surely have to go down Guardianship process.
The integrity of the process surely depends on honesty and integrity of the people involved. Understanding that you are giving power over your finances to a third party needs to be fully understood not something any doctor has time to explore if there is any doubt.
Emphasises need to get POA docs sorted well before any issues arise.
 

Exning

Registered User
Aug 26, 2018
57
0
See I have missed the point! It is the Guardianship process.....
But having looked at COP3 I would fully understand reluctance to sign. It's an involved subjective assessment that can not and should not be rubber stamped.
If I was asked to assess someone's capability to manage their finances, there are a lot of people I know who are totally financially incompetent and illiterate but in no way lacking mental capacity. Unfortunately there are many with impaired cognitive skills, that are perversely, fully able to understand financial matters.
 

canary

Registered User
Feb 25, 2014
25,018
0
South coast
I just joined this forum as I could see that other people were having a problem getting the COP3 form completed. Mum's old doctor said I have to go through a solicitor to do this but on the form, it asks "are you getting a solicitor to represent you" and you can say Yes or No. She now has a new doctor since going into a Nursing Home so will ask her new doctor. Any advice gratefully received.
Hello Ritab and welcome to talking Point.
I expect that your mums GP was confusing the COP3 form with a POA form. You dont have to go through a solicitor to get deputyship, but you do have to get a doctor, or other health professional, to fill in the COP3 form. I would certainly try the new doctor.
 

Kevinl

Registered User
Aug 24, 2013
6,061
0
Salford
I was told the doctor's practise policy was that GPs at their practise didn't sign LPA/CoP applications, why it was their policy I don't know, but the decision wasn't up to the GP.
The doctor may have a "duty of care" for someone's health and welfare but I don't see that extends to their financial affairs and deputyship is a legal matter not a medical one.
I think they should do it but if they choose not to I don't see there's much you can do about it GP's aren't contractually obliged to do it, that's why they're allowed to charge for the service, it's one of a few things the NHS contract does allow doctors to charge for.
K
 

anlag

New member
Jan 21, 2021
1
0
Just an update, Dad had an assessment yesterday (privately) and the outcome was as expected. So I am now finishing off the forms for Deputyship. Thank you all your advise.:)
Hi Kat
I am having the same problem with the gp of my father and I am considering going private if you could please share the contact details of the place where you got help for your dad I would highly appreciate it
Thanks
Anna
 

nitram

Registered User
Apr 6, 2011
30,081
0
Bury
@anlag

You are replying to an old thread KAT365 last logged on in December 2018.
It would be better if you started your own thread.
 

KAT365

Registered User
Oct 19, 2016
22
0
I am not sure if I am allowed to give the company's name, on this forum. However, if you search for "mental capacity assessors" you should find a few companies to contact. Good luck.