Court of Protection approval for LPA

[iain123]

Hello Forum

I am my aunt's LPA for both Finance and Care.
I would like to ask the Court of Protection for approval for a "One off the decision".
Have been advised I need approval COP by the office of the public guardian.
If given permission does this mean I will act as a Deputy when implementing the one-off decision or not?

The application forms cop1 and cop1a mention Deputy, I relate the position of Deputy when you do not have LPA.
However, maybe you can be a deputy for one-off decisions?

iain

 

[nitram]

Why do you need a one off decision, what is not covered by your LPA

 

[canary]

f given permission does this mean I will act as a Deputy when implementing the one-off decision or not?

I dont think it does, no.
I was deputy for my mum. What happens is that when someone applies for deputyship the Court of Protection retains the POA and decides to appoint someone (usually the applicant) as deputy in order to make dad to day decisions under the supervision of the Office of Public Guardians.

As this is a one off decision, though, they will not appoint you as deputy because you are not making the decision - they will make the decision. Are you concerned about how it will be implemented?

 

[iain123]

Hello Canary
There were two issues
1, The position of Deputy seemed daunting, record keeping, etc, Good records are already kept, eg via online bank statements, etc, but I did not really want ongoing high-maintenance record-keeping. There have been no cash withdrawals etc so everything is recorded.
If one-off decisions require a Deputy it seems more manageable as it will start and end.
2, And the forms to apply for a one-off decision cop1 and cop1a are also the forms to apply to be a Deputy and appear to only give you the option to apply for Deputy or register /object LPA, there is no box tick box for any other options eg one-off decision
I have contacted the COP and asked the same question.
My question might be better worded to the COP, do I Leave the Deputy and apply to register LPA tick boxes blank for one of decision?

 

[nitram]

An LPA asking for a one of decision has to be something that will not be on going eg an order preventing somebody having any contact with the donor for their protection or a ruling on a contentious best interests decision.

Have you registered both LPAs with the OPG?

 

[iain123]

Hello
the LPA's were professionally prepared and registered in 2016 with OPG.
An individual could prepare an LPA and not post with the fee to OPG, do not know if possible to easily rectify this situation if you subsequently lost capacity.

The older Enduring Power of attorney EPA the for runners to the LPA's do not need registering OPG until the donor loses capacity

 

[nitram]

Only the donor or an attorney can register an LPA with the OPG, the person registering must have capacity, the advice is to register as soon as possible so that any errors needing the donor to rectify can be dealt with whilst the donor retains capacity.

If an attorney looses capacity they cannot act and unless there is a joint and several or replacement attorney the power ceases

Lasting power of attorney

www.scie.org.uk

 

[iain123]

Both the LPA was registered by the donor's solicitor in 2016 after the donor my aunt gave permission/Signed
One of the two attorneys did die leaving me as LPA with a potential replacement LPA in place
My aunt is now a resident in a nursing home after a fall meant her dementia and physical mobility got a lot worse.
It is only since her loss of capacity after the fall that I have been using the LPA the other LPA was too unwell at the time to be involved so about 3 years as LPA. My aunt pays her care fees main expense i have been paying

 

[nitram]

So what so ruling do you want from the court of protection?

You can act for your aunt, or do you want to revoke?

 

[iain123]

Want to sell my aunt's home to help with care fees, which I believe does not require permission.
However would like to sell the home to a family member at the full market value, so that's the hick-up, not an arms-length transaction, so the permission of the court is required. I think the court will sanction as at full market value.
I have looked at equity release but my aunt is too old for most if not all lifetime mortgages 85 is often the limit a fone 89.

 

[Scarlet Lady]

Hi, @iain123 . I’ve read all the posts here and admit to being somewhat baffled. For the life of me, I can’t see what the problem is. You say you have a one off event that you feel needs permission from the COP/OPG to execute. After going round the houses a bit, it seems that you wish to sell your aunt’s home to help pay for care fees. This should be straightforward and within your powers as an attorney. The sticking point seems to be, as you see it, that the buyer is a family member who nevertheless will be paying full market value for the property.
Maybe you feel this could represent a conflict of interests. I don’t know if it would or not, but the people who can tell you are the OPG/COP. All it should take is a phone call. I have no idea why Deputyship should even come into it. Please accept my apologies if I’m being obtuse here and have missed something.

 

[iain123]

The OPG and COP have both confirmed it requires one of the decisions as i put in my initial post.
So back to my original question now
"I would like to ask the Court of Protection for approval for a "One off Decision".
If given permission does this mean I will act as a Deputy when implementing the one-off decision or not?
As the cop forms cop1 and cop1a give you no options other than tick Deputy or register/question an LPA

 

[nitram]

Assume LPA does not contain an additional clause relating to sale of house.

What does your chosen conveyancing solicitor say if you offer to provide a few valuations by estate agents?

If you contact be very concise and clear with your request.

@Scarlet Lady I think deputyship has been mentioned because the process of obtaining a one off ruling is the same as a deputyship application.

A COP application would cause a significant delay although you might be able to obtain an urgent decision to release funds for your aunt's care.
The cost will be low compared with variations in house valuations.

 

[nitram]

You are not applying to be deputy, you are asking as attorney for permission to sell your aunt's house to a family member. There should not be any annual reviews.

You could ask conveyancing solicitor to help with the application.

It could be worth paying the solicitor's fee for peace of mind in making the application, the cost is likely to be £hundreds compared with the £thousands when deciding the final sale value.