Council doesn't have capacity to apply for deputyship ?

[pandion]

Hi, I'm just wondering if anyone else here has been told what I have in regards to Deputyship.

After looking into the application forms/process for deputyship for my mum, I decided it would be too much to take on, and would also potentially be emotionally quite difficult. I told mum's social worker that I'd decided not to go ahead, and was expecting the council to then apply for deputyship instead. But the social worker has now told me that there is a lot of push-back now from councils, in that they say they don't have the capacity to manage the affairs of people who have family members who could do it instead.

The social worker has said "the expectation is" that I go to a solicitor, either to help me with the deputyship application, or for the solicitor to apply to be deputy themselves. They are basically trying to forcing me to do something I have said I don't feel able to do.

Has anyone else had a similar experience? What did you do? Presumably there is no legal obligation on me to do this. So if I don't back down, what happens then?

 

[sdmhred]

I have heard from working in the council that there is a big push to get families to take these responsibilities. huge backlogs, shortage of staff wtc

I am no expert but I am pretty sure you dont have any legal obligation. I have just checked my own council website and it clearly says they will do it if there is ‘no-one else who can’. So my suggestion is you write back and say that because of your own emotional and mental health you are unable to apply or to look for a solicitor. Full stop. End of. No negotiation.

I think they’re trying all costs to avoid doing it - but if you’re unable then I think you will find they eventually will.

 

[pandion]

I have heard from working in the council that there is a big push to get families to take these responsibilities. huge backlogs, shortage of staff wtc

I am no expert but I am pretty sure you dont have any legal obligation. I have just checked my own council website and it clearly says they will do it if there is ‘no-one else who can’. So my suggestion is you write back and say that because of your own emotional and mental health you are unable to apply or to look for a solicitor. Full stop. End of. No negotiation.

I think they’re trying all costs to avoid doing it - but if you’re unable then I think you will find they eventually will.

Thanks @sdmhred - I was wondering if it was a 'path of least resistance' type situation. I will try pushing back myself like you say, and see what happens.

 

[SAP]

As with most things the councils dream up just say no and don’t negotiate. The law in this country has not changed so there is no legal obligation to to care for our adult families and I would assume this includes financial management.

 

[Banjomansmate]

My view is that if the LA want to get their hands on your Mum’s money for her care then it’s up to them to do it themselves if there is nobody else who can do it!
If you weren’t around they would have to do it.

 

[Alisongs]

Hi, I'm just wondering if anyone else here has been told what I have in regards to Deputyship.

After looking into the application forms/process for deputyship for my mum, I decided it would be too much to take on, and would also potentially be emotionally quite difficult. I told mum's social worker that I'd decided not to go ahead, and was expecting the council to then apply for deputyship instead. But the social worker has now told me that there is a lot of push-back now from councils, in that they say they don't have the capacity to manage the affairs of people who have family members who could do it instead.

The social worker has said "the expectation is" that I go to a solicitor, either to help me with the deputyship application, or for the solicitor to apply to be deputy themselves. They are basically trying to forcing me to do something I have said I don't feel able to do.

Has anyone else had a similar experience? What did you do? Presumably there is no legal obligation on me to do this. So if I don't back down, what happens then?

A vulnerable adult is the legal responsibility of Social Services. It is also Law that A cannot compel B to take care of C. Just keep putting the legal responsibility back where it belongs. Preferably in print and a copy to the Director of County Social Services. You don't have to explain your reasons for not taking it on, that avoids them thinking up excuses to bat it back to you

 

[Rayreadynow]

If you really don't want to do it send a letter to the council saying you don't have the skills to administer a deputyship and quote the Care Act 2014

 

[phill]

The person who makes the application for the appointment of a Deputy (Property & Affairs) has to specify in their application who they wish the Court of Protection to appoint as Deputy. That person doesn’t have to be the applicant themselves. For example, if you believed that your mum needed a Deputy, but you didn’t want to take on that role yourself, nor did you know anyone who did, you could say in your application that you want the COP to appoint “a Panel Deputy”. It will then pick someone from a special panel of specialist practitioners across the country with track records of managing the financial affairs of individuals lacking mental capacity.

 

[Alisongs]

The person who makes the application for the appointment of a Deputy (Property & Affairs) has to specify in their application who they wish the Court of Protection to appoint as Deputy. That person doesn’t have to be the applicant themselves. For example, if you believed that your mum needed a Deputy, but you didn’t want to take on that role yourself, nor did you know anyone who did, you could say in your application that you want the COP to appoint “a Panel Deputy”. It will then pick someone from a special panel of specialist practitioners across the country with track records of managing the financial affairs of individuals lacking mental capacity.

Nice one

 

[canary]

The person who makes the application for the appointment of a Deputy (Property & Affairs) has to specify in their application who they wish the Court of Protection to appoint as Deputy. That person doesn’t have to be the applicant themselves. For example, if you believed that your mum needed a Deputy, but you didn’t want to take on that role yourself, nor did you know anyone who did, you could say in your application that you want the COP to appoint “a Panel Deputy”. It will then pick someone from a special panel of specialist practitioners across the country with track records of managing the financial affairs of individuals lacking mental capacity.

Mmm, you would still have to go through all the paperwork required for the application, though. Its not as simple as just filling in a form

 

[Rayreadynow]

If the local council finds there is no one willing or appropriate to become a deputy they will have to make a Deputy application themselves. They cannot ask for copies of bank statements or personal information from anyone until they have been appointed Deputy (Local Council Deputies are normally picked from staff delegated deputyship responsibility)

Office of the Public Guardian Staff Levels = 1,500
Deputyship Order Supervision Case load = 60,000
LPA applications 50,000 per month

Draw you own conclusions about how much time is allocated against Deputyship or LPA.