Court of Protection forms

[melkin]

I am applying to the court of protection for my mum. I wonder if anyone had some successful examples of what to write in when requesting financial power from the court. My mum has one property she needs to sell and another that needs to be rented. In addition she has financial advisors who manage her investments, this income will be needed to help with her care costs, I wanted to be able to manage these investments in her best interests. I live a long way for the property that will be rented and wanted to continue to retain the services of her gardener and have someone check the house now and again. Any help would be amazing. In particular these questions

• Please state the matter you are asking the court to decide.
  
• 3.2 What order are you asking the court to make?
  
• 3.3 How would the order benefit the person to whom the application relates?

 

[canary]

I applied to the CoP for my mum too. If you want to sell her house at some stage then you have to add this to the application at this stage, otherwise you have to make a new application (with another £400) when you want to sell it.

I looked up my application form and this is what I wrote

Please state the matter you are asking the court to decide
I want the court to make the decision that my mother [name] lacks the capacity to manage her own affairs

What order you are asking the court to make?
I would like the court to make an order to appoint myself [name] as a deputy of the court with responsibility for managing the affairs of my mother [name] including the sale of her home

How would the order benefit the person to whom the application relates?
It will ensure that my mother [name] will have her affairs properly managed and that she is protected from the risk of financial abuse.

I hope this helps. Good luck with the application

 

[canary]

Ah, yes, I had forgotten about the things @Normaleila mentione - probably because I didnt need to do them for mum.
I would add under "What order are you asking the court to make?" that ............ including the sale and rental of her properties and the authority for me to appoint a financial manager to advise in financial decisions. Or something like that.

You may also like to add a bit under how this will benefit your mum to the effect that a financial advisor will be able to maximise her income.

 

[melkin]

Hi Melkin
If you are going to use a fund manager who will have discretion to make buy and sell decisions for you ( and your mum) you might have to include a specifically worded request for the authority to do this.

HI Normaleila,

Thanks for your response, and thanks for the offer of further info. It would be great to know what wording worked for you! As I say, my mum has a financial advisor company that manages her investments, so I need to be able to continue to employ them (or the ability to move if needed!). The main point is that I need to ensure she has sufficient income from her investments to fund care.
The company want to do a review of her portfolio to carry on working with her so I need authority to act on her behalf with them. I am just at a loss at how to put this that covers all options, given that I don't want to really find out later down the line I only have partial powers and need to make a further application with all the expense and delay that causes.

 

[canary]

Why dont you ask the Office of Public Guardians how to phrase it and whether there is anything else you need to add?
I have had to contact them with a couple of queries about mums house and I have found them helpful. Probably emailing them would be the best bet.