Court of Protection...Where do I start?!

Discussion in 'I care for a person with dementia' started by Kazza72, Jun 4, 2015.

  1. Kazza72

    Kazza72 Registered User

    Feb 10, 2015
    202
    West London
    Hi to all you lovely people. I need to apply to be a deputy to the court of protection....can anyone recommend a reasonably priced solicitor in London (assuming I need relatively local to myself?)


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  2. LYN T

    LYN T Registered User

    Aug 30, 2012
    6,968
    Brixham Devon
    Hi Kazza-has your Mum no capacity to sign for you to be an Attorney rather than going down the Deputy route?
     
  3. chris53

    chris53 Registered User

    Nov 9, 2009
    2,929
    London
    Hi Kazza, a real "mine field" and can take sooooo long, the COP however are very helpful so herewith the link:
    https://www.gov.uk/court-of-protection
    They will be able to to guide you through the procedure and may suggest someone local to you on the legal side who may be of help:)
    Fingers crossed!
    Chris
     
  4. Kazza72

    Kazza72 Registered User

    Feb 10, 2015
    202
    West London
    Thanks guys. Yes mum has absolutely no capacity to sign any kind of document.


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  5. LYN T

    LYN T Registered User

    Aug 30, 2012
    6,968
    Brixham Devon
    I'm sorry Kazza. There are lots of Deputies on here. I'm not sure but you could perhaps avoid a solicitor and just download the forms. I'm sure others will be along soon to help

    Take care

    Lyn T XX
     
  6. Kazza72

    Kazza72 Registered User

    Feb 10, 2015
    202
    West London
    I might give it a go myself and see of I can manage it...

    I had a falling out with my brother 4 years ago and he hasn't been in touch with my mum for 3 years, am I obliged to name him on the form? If the court were to contact him the chances are he would make things as difficult for me as possible


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  7. Jesskle66

    Jesskle66 Registered User

    Jul 5, 2014
    99
    No, you are not obliged to mention him if he has no contact. My solicitor didn't put two of my sisters on the list of people who have regular contact with my mum as they haven't been to see her in years, but he did mention them somewhere on one of the forms just to cover me. Hopefully I am getting towards the end of the process. I tried to fill in the forms myself but gave up as I got really upset each time I tried to do it. If you use a solicitor they may defer fees until you are granted deputy ship and it can than be paid from the person's money you are acting as deputy for.
     
  8. Kazza72

    Kazza72 Registered User

    Feb 10, 2015
    202
    West London
    Thank you for replying...that's giving me some hope. I really don't wants brother being contacted...our relationship is beyond repair and I know he would sabotage everything. I only want deputyship to add myself to mums tenancy...it's all so long winded. How long for CoP take to set up?


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  9. Jesskle66

    Jesskle66 Registered User

    Jul 5, 2014
    99
    Think the guidance is 4-6 months. It is long winded, lots of repetition with the forms and statutory waiting periods between activities. I started the process in March and still expect it to take at least another month. That is with a solicitor doing the forms, suspect it would have been longer if I'd done it myself.
     
  10. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,497
    Female
    Near Southampton
    #10 Saffie, Jun 4, 2015
    Last edited: Jun 6, 2015
    Not necessarily. I did mine for my husband myself and it took under 3 months.
    There wasn't much waiting around between the various stages of the process either so that might have been down to the solicitor as he/she would have had other matters to see to whilst I could concentrate on it wholly.

    That time included an added application to appoint a Trustee to act for my husband in the sale of a jointly owned holiday chalet.

    Be aware that if your brother hears of your application, he will be able to object to the CoP.


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  11. joggyb

    joggyb Registered User

    Dec 1, 2014
    119
    FWIW, you don't need to use a particularly local solicitor (if you choose to use one). So long as you have access to a phone and a computer, most matters these days can be handled without face-to-face meetings. My own solicitor is over 30 miles away, and we've never met!
     
  12. Kazza72

    Kazza72 Registered User

    Feb 10, 2015
    202
    West London
    Thanks guys. I don't plan to name my brother in the application and unless the court dig and contact him then there's no chance he will know about it as he has no contact with any relatives or my mum


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