1. Q&A: Lasting Power of Attorney (LPA) - Thursday 27 Sept, 3-4pm

    Power of attorney (LPA) is a legal tool that gives another adult - often a carer or family member - the legal authority to make decisions on behalf of someone with dementia, if they become unable to themselves.

    Our next expert Q&A will be hosted by Flora and Helen from our Knowledge Services team. They will be answering your questions on LPA on Thursday 27 September from 3-4pm.

    You can either post questions >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll answer as many as we can on the day.

Court of Protection forms

Discussion in 'Welcome and how to use Talking Point' started by melkin, Aug 28, 2018.

  1. melkin

    melkin New member

    Aug 28, 2018
    2
    #1 melkin, Aug 28, 2018
    Last edited: Aug 29, 2018
    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?
     
  2. canary

    canary Registered User

    Feb 25, 2014
    6,958
    Female
    South coast
    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
     
  3. Normaleila

    Normaleila Registered User

    Jun 4, 2016
    439
    Hi Melkin
    You say your mother has a financial adviser. 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.
    I had POA for my aunt's financial affairs. That allowed me to take advice and to decide how to invest her money in her best interests. BUT (and this sounds back to front) it didn't allow me to appoint a fund manager to use his discretion to invest her money (buying and selling investments without consulting me each time). So I had to apply to the COP for a decision on that one point.
    If you want to use a fund manager, your financial adviser should be able to advise you on the correct wording. Or let me know if you want further details.
     
  4. canary

    canary Registered User

    Feb 25, 2014
    6,958
    Female
    South coast
    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.
     
  5. melkin

    melkin New member

    Aug 28, 2018
    2
    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.
     
  6. canary

    canary Registered User

    Feb 25, 2014
    6,958
    Female
    South coast
    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.
     
  7. Normaleila

    Normaleila Registered User

    Jun 4, 2016
    439
    Hi Melkin
    I have LPA and was just applying for an order on this one point. At 2.3 on form COP 1.E (Annex E) I wrote:

    An application for retrospective authority to appoint a discretionary investment manager to manage the donor's investment on a discretionary basis. If the LPA were to be drawn up today the appropriate wording would be (as I understand it):
    "My attorneys may transfer my investments to a discretionary investment manager. Or, if I already had investments under discretionary investment management before I lost capacity to make financial decisions, I want this to continue. I understand in both cases that investment managers may (1) require terms of business to be in place, including regarding charging fees and incurring costs; (2) make investment decisions in their absolute discretion; and (3) hold, or arrange for the holding of, my investments in their names, the names of their nominees, or the names of third party custodians."
    The application is for the equivalent authority from the COP because the LPA can no longer be resubmitted as the donor no longer has mental capacity.

    The part in quotes is the wording that would need to be included in an LPA if the donor wanted to give authority to appoint a discretionary investment manager, so I was asking for the equivalent authority. You might be completing a different form- I don't know. And you will have to slightly change the wording of the part outside the quotes.
    You'll be saving a lot of money by doing it without a solicitor.
     

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