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Court of protection application

Discussion in 'I care for a person with dementia' started by Toddleo, Nov 14, 2015.

  1. Toddleo

    Toddleo Registered User

    Oct 7, 2015
    412
    Hello folks. My Second post!

    Mum has lost mental capacity, she has mid stage alzheimers, and it has been suggested that as POA was never put in place, I should apply for Deputyship.

    I have downloaded reams of paperwork and am just about to fill in some forms (assisted by my two cats who ALWAYS lay on top of interesting looking paperwork!)

    I would appreciate knowing if any of you have gone down the route of DIY form filling - it does seem quite complex, but I do have some notes to read.

    First stumbling block is trying to decipher if I need to have permission or not! should be easy I know (section 6)
    Second stumbling block is, who signs the form, me? or a solicitor?

    Lol daft questions maybe, and just another hurdle for me to jump over for dear old mum!!
     
  2. curtainsgalore

    curtainsgalore Registered User

    Nov 2, 2014
    46
    I'm sorry I can't be a huge help as I have POA for my Mum but I belong to a local dementia support group and a couple of people in it have had enormous help from Age uk with form filling when it all looked too much and you are already stressed out already.
    I'm sure others in this group will be able to answer your questions though.
     
  3. emz_33

    emz_33 Registered User

    Oct 25, 2014
    30
     
  4. Toddleo

    Toddleo Registered User

    Oct 7, 2015
    412
     
  5. canary

    canary Registered User

    Feb 25, 2014
    10,570
    Female
    South coast
    I have COP deputyship for mum, but I went to a solicitor before I started to give me information about how to do it - he didnt do it himself.
    He said that I didnt need court permission to apply, so I suspect that you would be the same.
    If you are filling in the form yourself, then you are the one to sign it.
    If you are unsure about anything then try phoning or emailing the court of protection - I have found them helpful
     
  6. canary

    canary Registered User

    Feb 25, 2014
    10,570
    Female
    South coast
    BTW, I dont know if your mum owns a house, but if she does you will need to request permission to sell it (Section 5.2) at this stage, even if you dont think you will need to sell it as if you find you do you will have to apply to COP to sell it which takes more time and another £400 in fees!
    Best to do all the legal stuff at the same time.
     
  7. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    I did my own Deputyship application as a number of others here on TP have done too.
    It isn't that difficult to do and if in doubt about any of the forms or the procedure, the people at the end of the telephone at the CoP can help.

    You will need to have your mother's loss of mental capacity confirmed by a professional. My husband's consultant psychiatrist did this for me. Some charge for this but he didn't.
     
  8. Leswi

    Leswi Registered User

    Jul 13, 2014
    120
    Bedfordshire
    I have just done same. It is a lot of form filling and my answer to do you need permission was no. The notes online give information about what you need permission for. If selling a property there is another application to be done separately. I managed to work my way round it all but my professional life involves Spanish tax forms! You do need a GP or Social Worker to complete a section stating that the person does not have capacity - our GP did it at no charge. If the person who is ill is on certain benefits such as pension credit there is no charge for the Court process
     
  9. Spamar

    Spamar Registered User

    Oct 5, 2013
    6,976
    Suffolk
    Get in touch with your local ageuk, alzheimers society or cab. They all provide formfillers who know the jargon and buzzwords. Someone will come around, talk to you and fill in the forms. I used ageuk and they got me things I didn't even know I could apply for!
     
  10. canary

    canary Registered User

    Feb 25, 2014
    10,570
    Female
    South coast
    If you dont request permission to sell a property on the COP1 form, then yes, you have to fill in another application - but you dont have to.

    Under 5.2 (Please state the order you are asking the court to make) I wrote "I would like the Court to make an order appointing myself, my name, as a deputy of the Court with responsibility for managing the affairs of my mother, my mothers name, including the sale of her home"

    When I got the CoP certificate back, it specifically stated that I had the authority to sell her home, so I didnt have to do anything else.
     
  11. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    You were fortunate Canary.
    On my original application I said that I needed to apply for Deputyship to enable me to sell a holiday chalet jointly owned with my husband.
    To enable me to do this I had to have the formal appointment of a Trustee approved by the CoP.
    This went through smoothly but they didn't actually grant the Deputyship as they had overlooked this and has only sought to approve the sale of the chalet.
    This only came to light when I rang the CoP to query the delay in the receipt of my Deputyship as I'd had a buyer waiting for the sale for months and without the
    Deputyship I couldn't sell despite the appointment of the Trustee.
    The man I spoke to asked exactly what had been written in the CoP1 form.
    He said the application for Deputyship should have come first and then the application for the sale later. He told me to send another £400 directly to him and he would hurry it through, which he did,
    So combining the the two didn't help me!
     
  12. canary

    canary Registered User

    Feb 25, 2014
    10,570
    Female
    South coast
    What a shame it got overlooked saffie :(

    Well, if there is a property that might have to be sold it is worth putting it in the original COP1. If you dont get permission to sell it you havent lost anything.
     
  13. Toddleo

    Toddleo Registered User

    Oct 7, 2015
    412
    Canary, that is incredibly helpful, just the kind of advice I need, and I shall do the same, as I know that the time will come to sell the house. Many, many thanks
     
  14. Toddleo

    Toddleo Registered User

    Oct 7, 2015
    412
    Great tip Spamar, I will make contact with age UK as I want to get help with both the deputyship forms and also arrange for mums attendance allce to be increased from lower to higher rate. Why struggle alone if they can provide assistance. :)
     
  15. Toddleo

    Toddleo Registered User

    Oct 7, 2015
    412
    My adventures with the court of protection forms continue! I have spent half an hour waiting to speak to a COP form - filler helper, and once I got through, he was helpful.

    To clarify re the property sale bit (to assist any one else who goes through this) I will have to make two applications in order to arrange the sale of my mums house. I have to apply for deputyship first, and then reapply for the house sale part, this could be because I own the house with my mum as a tenant in common.
     
  16. canary

    canary Registered User

    Feb 25, 2014
    10,570
    Female
    South coast
    Thats interesting toddleo. Mum owned her bungalow outright, but I note that saffies property was joint owned too. It would make sense.
     
  17. Toddleo

    Toddleo Registered User

    Oct 7, 2015
    412
    Yes, I thinks that's it canary.
    There's a bit on the form which says something on the lines of "you won't be granted authority to sell a property if it's jointly owned, or held as tenants in common, even if the owner is deceased" etc... YOu need to fill in another form!! Lol, I used to quite like filling in forms.........:mad:
    Regards
     
  18. canary

    canary Registered User

    Feb 25, 2014
    10,570
    Female
    South coast
    Theres quite a lot of forms involved.....
     
  19. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    Heard my name mentioned!
    It is more involved if your own a property jointly as you have to appoint a Trustee to represent the other person.
    When the property is solely owned by the person for whom you hold Deputyship, you act for that person in the sale.
    However, if you jointly own the property with that person, you are acting for yourself in the sale so cannot act for the other personas well. hence the need for a Trustee.
    Does that makes sense?

    The forms for appointing a Trustee seem complicated as they include Witness statements and these mention things like 'Exhibit A' - as it's just like any other court case. However they only seem complicated and are fine once you understand what you are doing. I managed everything myself. I appointed a friend as the Trustee and a neighbour witnessed her signature. It was fine. Best of luck.
     
  20. helper2004

    helper2004 Registered User

    Nov 17, 2015
    1
    Becoming a deputy appointed by the Court of Protection

    Could someone please give me some idea as to how long it takes for a spouse to become a deputy, when it is too late to be made a LPA, in order to sell property on behalf of the person who is now unable to make decisions?
     

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