Court of Protection deputyship granted - what next?

Ali67

Registered User
Feb 4, 2016
25
My husband has just been made a deputy for his aunt. He's received the certificates so what do we do next. Presumably we have to inform the utilities people, her building society, pensions etc.
Is there a standard letter we can send with the certificates?
Anything else worth knowing? I know we have to keep accounts.
Also how we get the money back from what we spent getting the Court of Protection deputyship?
Ta :)
 
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nitram

Registered User
Apr 6, 2011
19,705
North Manchester
Ring up the banks/utilities/insurers/pension providers/DWP/HMRC/... and explain the situation, they will advise on what to do, some may accept a simple letter others may have a specific form that they will send your husband.

When your husband has control of his aunt's bank he can withdraw the costs of setting up the deputy and record it in the accounts.
 

Katrine

Registered User
Jan 20, 2011
2,839
England
Hi, Ali. You may find it helpful to work from a list to keep track of progress. Here is a link to a previous post of mine where there is a pro forma list you could use:

http://forum.alzheimers.org.uk/showthread.php?86459-Deputyship-and-DWP#6

Never send off the original deputyship order, get certified copies made. Most solicitors will do this for around £5 per copy but prices vary, so shop around. I would recommend getting 4-6 copies. You can reuse them once they have been returned.
 
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Kevinl

Registered User
Aug 24, 2013
4,774
Salford
Hi Ali, welcome to TP
I'd do it in writing, some very bad advise can be given by inexperienced call centre operators and you can end up getting bank accounts frozen they given the run round getting a different story every time you call.
Somehow, when people have to do it in writing it works better, maybe they're more inclined to check before they commit to paper or maybe letters go to more experienced staff but it worked for me.
Also use the nuclear option and tell them "either deal with me or send letters to someone who lacks capacity in spite of that being in breach of a court order that say I deal with his/her affairs".
K
 

jugglingmum

Registered User
Jan 5, 2014
5,516
Chester
I'm slowly working my way through sorting out my mum's power of attorney and Katrine' list is good. I've listed every bank and investment she had and when I've sent the certified copy off.

For banks/building societies I've gone in for an appt with the original. Some investments have required a 'more detailed' certification - 5 I think to date.

Utilities (I'm selling the house anyway) I just sent the certified POA with a covering letter - it was returned with no comment so I assume registered so now I will be able to sort out when it is sold.

I think there are differences for Court of Protection from POA.

HMRC only needed a photocopy which wasn't returned.
 

nitram

Registered User
Apr 6, 2011
19,705
North Manchester
You should allow around 6 months for an application with no difficulties to be processed.

As well as the court fees you need to get a certificate of capacity http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cop003-eng.pdf
There is no set fee for a clinician signing this, but around £100 to £200 seems to be normal.

If you use a solicitor there is a set fee of not exceeding £850 +VAT
https://www.judiciary.gov.uk/wp-content/uploads/2014/05/19B-–-Fixed-costs-in-the-Court-of-Protection.pdf
 

Ali67

Registered User
Feb 4, 2016
25
Thanks everyone. Luckily we use the same building society as my husband's aunt and they sounded very familiar with the system and just told my husband to pop in on Saturday. So hopefully that's one down!
We did ours through a solicitor for various reasons and they've given us several official copies.
 

canary

Registered User
Feb 25, 2014
11,328
South coast
I just thought i would mention that with Court of Protection you dont get an original deputyship order like you do with PoA as the person whose finances you are looking after wasnt able to sign anything. You just get certified copies from the Court. So dont worry that you havent got one.
 

Dotka

Registered User
Mar 12, 2019
13
Sometimes there is an option that capacity assessment will be done for free. Speak to local authorities, I have heard from other families that they help with no cost if they think it is appropriate. And don't give up, you are doing amazing
 

canary

Registered User
Feb 25, 2014
11,328
South coast
Hi @Dotka
Please be aware that this thread is 3 years old.
When you are replying to a thread, do check the dates - the date when replies are posted is positioned just above and on the left of the reply