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Court of protection

Lp218

New member
Jan 20, 2020
3
Does anyone know whether I need personal and the property/affairs when I apply for court of protection. As my mum has been placed in a home I need to manage her affairs. Wasnt sure whether without the personal one I would have any say in her care!!
If anyone could help it would be appreciated. I have other queries as well but will see if anyone can help me firstly with the above. Any advice would be appreciated
 

sausagedog

Registered User
Aug 22, 2019
65
If she’s deemed as not having capacity then you would need to apply to be her ‘Deputy’, you have to fill in a form each year explaining expenditures etc- the process is not quick. If she still has capacity then you can apply for LPA (Lasting Power of Attorney) to handle finances/property. I didn’t bother with the LPA for health & welfare for my own mum as it wasn’t necessary, I was happy for the health professionals to make decisions etc hope this helps.
 

Shedrech

Volunteer Moderator
Dec 15, 2012
8,532
Yorkshire
hello @Lp218

if you are able to arrange LPAs, then get both finance/property and health/welfare just in case

I believe you are applying to be a Deputy ... if so, the OPG rarely give Deputyship for health/welfare, preferring to deal with each issue individually if it is necessaty (probably won't be) ... so I suggest you apply only for finance/property as each comes with charges

if there is a property to sell, do include in your application asking for permission to sell it, or you will have to make a later, spdcific application to be able to deal with this
 

sausagedog

Registered User
Aug 22, 2019
65
If you go on to the www.gov.uk and type in Deputy, it will explain the costs involved for this and all other information .....much form filling & can be a long process (always back logs at OPG) ....don’t be put off though - hope you get on ok
 

theunknown

Registered User
Apr 17, 2015
398
If it's gone beyond your mum having the capacity, and thus the ability, to grant PoA, it's highly unlikely you'll get the means to have control over health and welfare for your mum. Deputyship, under the care of the Court of Protection, tends to be mainly about financial decisions. It's out of the ordinary for the CoP to grant health/welfare deputyship, probably because the donor has never granted control over what happens in relation to this. Unless you really feel the need to have deputyship control over health/welfare I wouldn't advise applying for that one because you probably won't get it but you'll still have to pay for the application: solicitors, medical professionals, etc.
 

Lp218

New member
Jan 20, 2020
3
If she’s deemed as not having capacity then you would need to apply to be her ‘Deputy’, you have to fill in a form each year explaining expenditures etc- the process is not quick. If she still has capacity then you can apply for LPA (Lasting Power of Attorney) to handle finances/property. I didn’t bother with the LPA for health & welfare for my own mum as it wasn’t necessary, I was happy for the health professionals to make decisions etc hope this helps.
Thanks for that. Just want to do the best thing for my v confused mu.
 

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