COURT OF PROTECTION APPOINTED DEPUTY NEGLIGENCE/POOR PRACTICE

[Mr Gordon]

Help Please
My farther is now in his last stages of life. l was notified by his COP appointed Deputy for property and affairs,that his property portfolio was going to be sold. The reason for the sale is that the properties are in poor condition and need to be sold,as my father would possibly be sued by the tenants for the poor condition. All of the properties are rented to good long term tenants that are happy. It has taken over two years for her to visit them. The managing agent has in numerous times requested for repair work to be carried out. Only to be met with delaying tactics and excuses. All the deposits have been returned to the tenants and she is going to issue them with a Section 21 eviction notices and sell them. This is not in the best interests of my father, My two Brothers and myself were never notified of her intention.
It looks to me that she has been planning this for sometime.
I have since found out that the order from the COP states she was working for a law company that she left eleven months prior. In my opinion this is surely contempt of court? We were never notified of her employment changes.
she has never contacted any of us regarding any of her so called best interests decisions. She has never visited my farther or met any of his spouses. Is this not total professional negligence? She needs to be stopped and investigate for her actions.

advice please
Gordon

 

[canary]

Hello @Mr Gordon

I was appointed deputy for my mum by the Court of Protection, so I know that it is the person who is appointed and not the legal firm, so it does not matter if the deputy changes employment. I also know that all deputies have to fill in a detailed annual financial report for the Office of Public Guardians in which they have to outline any future plans and they need specific permission in order to sell any of the donors properties (I had to get this to sell mums home). Being a professional solicitor does not excuse you from these requirements.

Legally, the deputy has sole responsibility for all the donors assets and finances and they do not have to work with, or even inform, family about what they are doing. You would hope that they would be willing and many of them do work with family that are closely involved with the donor, but legally, they dont have to and many of them dont.

Because you do not have any access to the state of his finances you do not know what they are like. Care homes or live-in care is extremely expensive and it may be that the income from the rentals is not covering the care home/live in carers fees and other fees arising from the deputyship. Or perhaps it is just covering it, but wont allow for the expense of the rental repairs. I dont know, but the point is that you dont either.

TBH, I think you are unlikely to get very far by complaining to the Office of Public Guardians over this and, because you do not have legal rights here (even though you are next of kin it doesnt confer legal rights), you are very unlikely to be offered explanations.

Im sorry

 

[Jessbow]

What is not in you fathers best interests? selling his properties and consolidating his money to pay for his care?

Why have the deposits been returned before the section 21s are issued? That seem irregular....and how do you know?

Why was a court COP appointed and not you?

 

[Mr Gordon]

Hello @Mr Gordon

I was appointed deputy for my mum by the Court of Protection, so I know that it is the person who is appointed and not the legal firm, so it does not matter if the deputy changes employment. I also know that all deputies have to fill in a detailed annual financial report for the Office of Public Guardians in which they have to outline any future plans and they need specific permission in order to sell any of the donors properties (I had to get this to sell mums home). Being a professional solicitor does not excuse you from these requirements.

Legally, the deputy has sole responsibility for all the donors assets and finances and they do not have to work with, or even inform, family about what they are doing. You would hope that they would be willing and many of them do work with family that are closely involved with the donor, but legally, they dont have to and many of them dont.

Because you do not have any access to the state of his finances you do not know what they are like. Care homes or live-in care is extremely expensive and it may be that the income from the rentals is not covering the care home/live in carers fees and other fees arising from the deputyship. Or perhaps it is just covering it, but wont allow for the expense of the rental repairs. I dont know, but the point is that you dont either.

TBH, I think you are unlikely to get very far by complaining to the Office of Public Guardians over this and, because you do not have legal rights here (even though you are next of kin it doesnt confer legal rights), you are very unlikely to be offered explanations.

Im sorry

When the Deputy was appointed my father had +£300k in his bank account. His property portfolio makes around £100k per year. He has been cared for by one of my brothers at his house
so he'd doesn't need any extra money in the way of selling his assets.

Why did it take her over two years to visit the properties? Why did she hot listen to the managing agent regarding the repairs needed? Then she wants to sell the properties with the reason they are in disrepair!! Does this sound right to you?

 

[Mr Gordon]

What is not in you fathers best interests? selling his properties and consolidating his money to pay for his care?

Why have the deposits been returned before the section 21s are issued? That seem irregular....and how do you know?

Why was a court COP appointed and not you?

When the Deputy was appointed my father had +£300k in his bank account. His property portfolio makes around £100k per year. He has been cared for by one of my brothers at his house
so he'd doesn't need any extra money in the way of selling his assets.

I don't know why the deposits were returned to the tenants, they were very surprised and confused by her actions. The tenants informed me of the situation.

A COP Deputy was appointed as one of my two brothers wanted full control of everything and would not be persuaded for all of us being involved in my father's affairs.

 

[nitram]

If the deposit was not protected it must be returned before a section 21 is issued.

The deputy has a duty to handle your father's affairs in his best financial interests, the overall state of them does not absolve them from taking action to maximise profit from the rental properties.
A decision has been made that required repairs would be uneconomic.

 

[Mr Gordon]

If the deposit was not protected it must be returned before a section 21 is issued.

The deputy has a duty to handle your father's affairs in his best financial interests, the overall state of them does not absolve them from taking action to maximise profit from the rental properties.
A decision has been made that required repairs would be uneconomic.

The deposits were in an government approved protection company.

How is it in my father's best interests to let his properties fall into disrepair. Then sell them in a poor condition at knock down prices. Is it not the deputy's responsible to manage my father's estate keeping it in a good condition to maximise the rental income? Not visiting any of the properties for over two years. Not listening to the managing agent who has been looking after them for approximately fifteen years.

In my opinion she is doing this for her personal gain, either by her charging fees and or working with the estate agents/ developers for backhanders .
Like you say the deputy has a duty to manage my father's affairs in his best financial interests . Running them into the ground without maintaining them . Then selling them off cheaply when there is or should be ample funds for repair and upgrading them.

Please am I getting it all wrong? doesn't she have full control and responsibility of keeping his estate how it was when she was appointed Deputy? Is she not liable for not keeping them maintained.

 

[nitram]

Please am I getting it all wrong? doesn't she have full control and responsibility of keeping his estate how it was when she was appointed Deputy? Is she not liable for not keeping them maintained.

No
It comes down to her commercial judgment of whether to repair or sell the properties.

A professional deputy was appointed because of contention between the usual choices.

 

[canary]

doesn't she have full control and responsibility of keeping his estate how it was when she was appointed Deputy?

No, no she doesnt have to keep the estate as it was. Her responsibility is to maintain his funds and pay care home etc fees. This may, or may not, involve keeping properties, depending on how much repairs will cost compared with the value of the property (before and after) and what will be made in rents.

In my opinion she is doing this for her personal gain, either by her charging fees and or working with the estate agents/ developers for backhanders

Id be careful with slinging accusations like this around

All of this is conjecture, because you dont know what is happening to his assets.
As I explained earlier, every deputy has to fill in an annual financial report. And this is very detailed - you have to account for literally every penny spent, have to justify future plans (especially big things like selling property), explain decisions that you have had to make during the year and demonstrate how your actions are in the donors best interest. Panel solicitors who are appointed deputies have set charges for their fees, so if there were overcharging or backhanders it would show in the annual report and things like selling property has to be first approved by the CoP (and be convinced by them that it is indeed in the donors best interest) before anything can happen. It can take a while to gain court approval (professional deputies dont get priority) and this may be the reason that you feel that she had been planning the sales for a while.

I can hear your anger that she has not administered your dads assets in the way that you would have done, but I cannot see that, legally, she has done anything wrong. Having a panel solicitor appointed by the Court is the most expensive way of dealing with someones finances and assets. There are fees and "extras" everywhere - sureties bonds time and effort and some things have to go back to the court for them to make a decision (which also costs money). I was surprised how much it took to be a deputy and mums assets were simple and I gave my time and effort for free.

Im sorry we are not giving you the responses that you want, but in all honesty I would advise you to let this go.

 

[Mr Gordon]

No, no she doesnt have to keep the estate as it was. Her responsibility is to maintain his funds and pay care home etc fees. This may, or may not, involve keeping properties, depending on how much repairs will cost compared with the value of the property (before and after) and what will be made in rents.






Id be careful with slinging accusations like this around

All of this is conjecture, because you dont know what is happening to his assets.
As I explained earlier, every deputy has to fill in an annual financial report. And this is very detailed - you have to account for literally every penny spent, have to justify future plans (especially big things like selling property), explain decisions that you have had to make during the year and demonstrate how your actions are in the donors best interest. Panel solicitors who are appointed deputies have set charges for their fees, so if there were overcharging or backhanders it would show in the annual report and things like selling property has to be first approved by the CoP (and be convinced by them that it is indeed in the donors best interest) before anything can happen. It can take a while to gain court approval (professional deputies dont get priority) and this may be the reason that you feel that she had been planning the sales for a while.

I can hear your anger that she has not administered your dads assets in the way that you would have done, but I cannot see that, legally, she has done anything wrong. Having a panel solicitor appointed by the Court is the most expensive way of dealing with someones finances and assets. There are fees and "extras" everywhere - sureties bonds time and effort and some things have to go back to the court for them to make a decision (which also costs money). I was surprised how much it took to be a deputy and mums assets were simple and I gave my time and effort for free.

Im sorry we are not giving you the responses that you want, but in all honesty I would advise you to let this go.

She has been appointed as the Deputy for property and affairs . So to maintain his funds (no care home fees) the rental properties need to be managed and kept to a certain standard. If you are saying it's not her responsibility to keep them as my farther did? And it's totally acceptable for her to do nothing including visiting them? Not take the advice of his managing agent ? Basically since she has been appointed my father's estate has deteriorated and reduced in value. Please explain how this is anyone best interest especially my fathers. I know for a fact he is still cash positive.

 

[canary]

Im saying that she does not have to keep the estate as it was, ie she does not have to keep the properties

You said that your dad is in last stage dementia, so I assumed that he was in a care home. If he is not in a care home, who is looking after him? Is there a live-in carer?

How do you know that he is still cash positive if you have no access to his accounts?

 

[Mr Gordon]

We all feel that she is not making decisions in my father's best interests. It's come to my attention that she hasn't collected the rental income from three properties this amount to £3900 per month!
Also my father is not the freeholder of some of his properties so the repair cost is not paid by him. It's the freeholder that is responsible

Also how does she make decisions in his best interests if she has never met with him. Never asked anyone including his friends or family what he wanted to do regarding his affairs.
My father states in his will that he wants to leave his son's his properties. If sold wouldn't he be liable to pay capital gains tax? I'm sure we would also have to also pay death duties if there would be any left.
If she uses her own law company for the sales this is a conflict for interest if not disclosed.

How long does it take to get a decisions from the court of protection? I have seen it can take 4 to 6 months for the application to be processed? Is it possible to reduce the waiting time on this the type of application? If my father passing is before or after the court decision how does this effect the process?

My farther has given up on life and is hardly eating. This is exactly how my grandfather was. He stopped eating and drinking and told me he was tired and wanted to be free. He said that he wanted to be at home. The hospital was fantastic and arranged a hospital bed to be delivered to his flat and an ambulance to take him home. I stayed by his side for the next three days until he passed. It was his birthday on Christmas day he is greatly missed. writing that just bought it all back.

I have found out that my father is having a carer help out for around 10 hours per week. He is still at home and he has a bed for him at a local hospice, there's no charge for this. So taking into account the income from his estate and the hourly costs of care. There's an excess of funds available. If you look at the moneys not collected for rent (£3900) this would more than cover his monthly cost.

I will fight her decision to sell. All of us have come together and we are 100% in agreement. Are we not in our rights to replace the appointed deputy with another of our choice? If I need to get a court order to stop her so be it.

Thanks for all off your advice/comments

Mr G

 

[nitram]

Are we not in our rights to replace the appointed deputy with another of our choice? I

The power is, and always will be, held by the court.
If a different deputy has to be appointed only the court can decide who it is.

If you think the deputy is guilty of misconduct you should first discuss your concerns with the deputy and if not satisfied

Report a concern about an attorney, deputy or guardian

Contact the Office of the Public Guardian if you have concerns about an attorney, deputy, guardian or a decision they've made for someone else

www.gov.uk

 

[Mr Gordon]

How long does it take to get a decisions from the court of protection? I have seen it can take 4 to 6 months for the application to be processed? Is it possible to reduce the waiting time on this the type of application?

If my father passed away before or after the court decision how does this effect the process?

 

[canary]

If my father passed away before or after the court decision how does this effect the process?

Everything will immediately stop as deputyship ends on the death of the donor (just like POA)

 

[nitram]

How long does it take to get a decisions from the court of protection? I have seen it can take 4 to 6 months for the application to be processed? Is it possible to reduce the waiting time on this the type of application?

If you submit the 'concern raising form' linked in my last post the OPG will decide whether it thinks you have a case

After you make your report, the Office of the Public Guardian will then check if it has the legal authority to investigate.

This checking could decide the urgency or even if you have a case at all.

If my father passed away before or after the court decision how does this effect the process?

The deputyship will cease on your father's death.

Deputies have to submit detailed annual reports of their actions meaning many actions will have been approved by the court.
Not sure whether a final report on death of incapacitated person is standard or not.

 

[canary]

Not sure whether a final report on death of incapacitated person is standard or not.

Yes it is. Mum died only a few days after I submitted the annual report and the CoP said that although normally they would normally expect a final report, under the circumstances I was excused from having to do it

 

[Mr Gordon]

Im saying that she does not have to keep the estate as it was, ie she does not have to keep the properties

Guidance
February 2023
OPG Deputy Standards:
Guidance for Professional
Deputies

 

[Jessbow]

so who listed those conditions, and when?they are all meaningless without the deputyship
order, as we have no idea what that says.

Have you see it- what does it say about selling property?

 

[canary]

my father is not the freeholder of some of his properties so the repair cost is not paid by him. It's the freeholder that is responsible