Court of Protection

J@ne

Registered User
Jan 10, 2007
17
I was just reading some of the posts above in Elaine Maul's "sticky" thread and lots of stuff about PoA - I'm afraid we've missed the boat! Dad's doctor says he lacks capacity to give anyone PoA (and to be frank, I think he would have dug his heels deeply in when he had capacity rather than acknowledge that there was any chance he wouldn't always be capable of managing his affairs). So we're having to apply instead to the Court of Protection. I'm just wondering if anyone else has experience of that and what to expect?
 

sooty

Registered User
Feb 17, 2007
50
Nova Scotia Canada
Hi
Although my posts are usually about my Mom's condition my father died of a dementia called Binswanger Disease. He had not made an EPA as was only in his late 50' when it hit and I was in Canada. He was sectioned and our home and his assets went into the Court of Protection and I was very pleased with them. They finalized his divorce fairly, and they invested his money wisely and were always available to answer any questions and answered any correspondence I sent them quickly. They provided the money when I needed it for a special chair in the home and other needs without any problem. I used a solictor to send my requests to them. After he died his will was dealt with quickly and within a few months all was settled. I wonder if others have had such help? Sooty
 

sophie123

Registered User
Feb 14, 2007
19
Berkshire
Hi,

My mother is 54 and we had to move her into a nursing home a year ago - her alcohol-related dementia came on so rapidly that we had no time for POA, and I (at 21) became her receiver. The Court of Protection has been very helpful, but bear in mind that it will take time - I applied for receivership in April 06 and it didn't come through until Oct 06. You will also have to open a receivership bank account, and this took me about 6 weeks so I'd recommend getting everything started ASAP. The recent changes to the Mental Health Act means that receivers are being given more freedom with the money they have been put in charge of e.g. We won't have to contact the Court everytime we want to buy them some new trousers! A year on I have almost got everything set up with regards to my receivership, and the Court is always ready to answer queries which has been very helpful as this is all new to me, as I'm sure it will be to you.

Hope this helps,

Sophie
 

J@ne

Registered User
Jan 10, 2007
17
Sophie that's helpful info - thanks - we just don't really know what to expect so any previous experience of applying is helpful. We were warned it takes a while. Did it cost a lot? I didn't know about the bank account - why did it take so long? Did you find some banks know more about these kinds of bank accounts than others? Well, if I find out anthing helpful I'll certainly be back to share it with you and anyone else.
 

sophie123

Registered User
Feb 14, 2007
19
Berkshire
Hi J@ne,

I did contact the Bank about the length of time it took and they did say they weren't very well trained on the matter (what a surprise)! Just make sure you get the name of the person who deals with it, then just ring them every other day and that tends to help things!

The Court of Protection order is more expensive than standard POA - you have to pay a Commencement Fee at the start of about £250, an Appointment fee of £330once they've issued the Order and we also paid a £200 transaction fee because I was selling my mother's property at the same time. Once that's all paid, you have to pay a yearly Admin fee of £250 (taken in installments).

Fortunately Mum had a flat to sell with no mortgage so she can afford it, but as I'm a student and couldn't pay the fees whilst waiting for the property sale money, I just told them they had to wait and they were fine with that - luckily! You get your own direct line to your team (depending on your surname) so you can always get hold of someone if you have a query, which is very helpful!

Let me know if I can be of anymore help - it was all so new and scary to me too, especially as I'm young and still at Uni, but the PGO has been very helpful and understanding of the situation.

Sophie
 

gary

Registered User
Jul 15, 2006
2
bradford on avon, wilts
Hi J@ne
I have had an interesting experience of the Court of Protection, after looking after my Mum for seven years but she has sadly since died early in the morning on the 29th June 2007, I now have a suspended 3 month prison sentance in Horfield Prison hanging over me by there panel recievers to cover up fraud of my Mums property while under the Court of Protection.
I am [e-mail address removed by Brucie - we do not advise providing contact addresses and recommend Personal Messages instead] "G v The official Solicitor 2006" in the Court of Appeal, I wonder if the moderators will remove this thread ???????
Gary Hollis, Bradford-on-Avon.
 
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