Court of protection application

[Kevinl]

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?

You can do an LPA online (link below) and they quote a time of about 10 weeks.
"When is it too late" is a difficult one, if tests have taken place and doctor's letters written saying your OH lacks capacity then it could be challenged if anyone might feel you'd taken advantage, if that's not likely to happen then you should be OK.
I only ever had DWP appointee status for my (now late) mother but I managed to sell her house without a problem, theoretically that only allowed me to deal with her benefits so I was winging it a bit but neither the estate agent nor the solicitors ever raised an issue and I never had to forge a signature (not that I would, honest).
You do say sell a property on behalf of a spouse (as I read it) if it's the matrimonial home I'd give it a go, if it's a property they have inherited (for example) and you're name isn't on the deeds then you may have to go down the COP route with all the expense and grief that involves.
K


https://www.gov.uk/power-of-attorney/overview

 

[Toddleo]

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.

Saffie, my house sale/ trustee forms arrived in the post yesterday, I AM SCARED - permission to seek your advice when I start the form filling process?

Is it a good idea to do the first bit i.e the actual deputyship process (COP 1 etc..) first and once that's done, then attempt the house/trustee/tenants in common part do you think?

 

[Leswi]

Toddleo I am in same position. I did the Deputy forms first then Trustee for house sale. On the Trustee form you need to give details of deputy ship or POA in existence. The same capacity forms from deputy can be used for Trustee.

 

[Saffie]

Hi there. I made the error of putting the reason for applying for Deputyship as the need to sell our jointly-owned holiday chalet, because that was what had instigated the need for Deputyship. That resulted, for some odd reason, in my appointment of a Trustee to act on my husband's behalf being authorised and thus ability to sell the chalet, before I was granted the Deputyship.
This seems peculiar in view of Leswi's comment of needing to give details of Deputyship/LPA in the appplication for appointing a Trustee!

It was only when I rang wanting to know where my Deputyship authority was that I was asked what exactly I had put on the COP1 and when I said the reason above, the very nice man said I should have just left it at applying for the Deputyship to act for my husband in the first instance and then applied to sell the chalet as a seperate application. He said to send another £400 to him by name and he'd sort out the rest which he did and the Deputyship papers came in days.

So, yes I would sort out the Deputyship first, rather than do it one as I seem to have done! I was under a lot of stress at the time as my husband had had an emergency amputation which had caused his mildish dementia to escalate and had been just about to sign the contract for the sale of the chalet when we realised my husband could no longer sign his name.

The trustee papers do look scary don't they, with all the 'Exhibit 1'etc. but they are ok once you dismiss the waffly stuff. I did ring the COP for clarification though and the lady was very helpful.
I'd take it one step at a time. Good luck.

 

[Toddleo]

Thank you Leswi and Saffi, I just know that your assistance will be invaluable!