Court of protection

Discussion in 'I have a partner with dementia' started by 99purdy, Oct 31, 2014.

  1. 99purdy

    99purdy Registered User

    Oct 31, 2014
    129
    Hi, Could anybody help please. I am currently applying for deputyship for stepfather. Do you have to fill in respondents box or persons to be notified. What is the difference? Will it make a difference if nobody objects. Thanks.
     
  2. willow4Sam

    willow4Sam Registered User

    Oct 12, 2010
    26
    Reading, Berks
    Hi 99purdy

    I don't envy you having to apply for Deputyship. I had to apply for my father back in 2010 because by the time it became clear he couldn't cope any more, it was too late to get a Power of Attorney for him.

    I don't know if you have thought about getting a solicitor to help you with this process, but I would recommend it if you can afford it. It is actually a complex and lengthy process and any mistakes are not tolerated by the COP. Your application will be rejected and you will have to start all over again. I used a solicitor and even so it took months and months and required vast numbers of forms to be completed and processes to be followed. When I saw your post I dug out the forms I completed but even then I can't actually with any confidence answer your question. In my case I only notified my mother (his spouse) and my brother, but didn't have any respondents. I can't remember why they were separate and how we decided only mother/brother needed to be notified (the notes are as with all COP forms completely mystifying!) but it went through without a hitch eventually. I certainly couldn't have managed without a solicitor though.

    If you want any further help contact me directly and I will see if my experience is of any help.

    Good luck!

    Love, W4S
     
  3. 99purdy

    99purdy Registered User

    Oct 31, 2014
    129
    Thank you Willow Sam for your prompt reply. You are correct it is a minefield. At the end of the day I hope I am doing the right thing by my stepfather he had started the LPA but was suddenly taken ill very quickly. I have had different advice from COP and the solicitor but who is correct? Hope it all gets resolved quickly. Thanks again for your help and support.
     
  4. 99purdy

    99purdy Registered User

    Oct 31, 2014
    129
    Court of Protection Respondents?

    Hi, asked a question earlier and had a really helpful reply. Feel a bit silly but still can not get my head round this. COP told me that you can just notify involved parties however my Solicitor says they should be named as respondents. Feel rather uncomfortable with this as it would mean passing confidential information, bank accounts etc plus a copy of the will. All parties agree to me becoming a deputy. All this information was trusted to me in confidence and feel just because somebody is ill all their personal information should not be shared. Or am I over thinking this. Any help please.
     
  5. Early riser

    Early riser Registered User

    Mar 16, 2014
    23
    Yorkshire
    Hi 99purdy and welcome to TP
    Sorry you haven't received a lot of response, it would probably have been best to post in Legal & Financial issues, but not to worry.
    Lots of people on this forum have applied for deputyship without the need of a solicitor.
    I'm a deputy for my husband and had no respondents and notified 3 relatives.
    it would be helpful if we knew a little more of your circumstances, are there any other relatives etc. Is anyone going to object?
    Keep posting, you will get all the help you need.
    Best wishes
     
  6. 99purdy

    99purdy Registered User

    Oct 31, 2014
    129
    Hi Early Riser, thank you for your comment. I am new to this forum and thanks for comment reference where to post. I am a step relative for my lovely 'Dad' I am applying for deputyship as dad will not be returning home. I have managed to secure CHC but he will be reviewed in three months, another reason to apply. Dad lived very independently and enjoyed himself until he recently became ill, this has been the worst experience of my life. Police called taken to hospital and then admitted to an EMI home, after searching round for suitable home, most would not take due to aggressive behaviour. Anyway found a fantastic home with lovely carers who take his aggressive outbursts in their stride. Everything checked, brain scan, infection nothing?? So fast forward to deputyship, he does have relatives and after discussion they agree to me applying to be a deputy. Have since been getting conflicting advice re COP. Dad was very private and anything financial he did himself. However he had informed me where everything was in case anything happened to him and trusted me to keep this confidential. So question really is do you fill in respondents or just notify relatives. Solicitor says respondents? Feel uncomfortable with this, as relatives will have to to served with all his financial information and will?? Dad would go spare if he knew. Am I missing something here I though to notify?? Have spoken to COP, obviously they can not say either way, but did say most just notify. Solicitor says it looks suspicious?? Not really bothered about that everything is as he left it. Sorry for long ramble, just wanted to know what is the correct thing to do.
     
  7. Early riser

    Early riser Registered User

    Mar 16, 2014
    23
    Yorkshire
    Hi 99purdy, I'm not an expert on this,so I'm hoping others come along to help.

    In my own case it was for my husband and I knew no-one would object, and no-one had any financial interest.

    Try typing respondents into search at the top right hand corner, and you will find other threads on this subject.

    My gut feeling is notify only, but I would like others to confirm.
     
  8. 99purdy

    99purdy Registered User

    Oct 31, 2014
    129
    Thanks Early Riser for your reply.
     
  9. Sass Mac

    Sass Mac Registered User

    Jan 27, 2014
    8
    Capacity Assessment for Court of Protection

    I'm informed this doesn't form part of an NHS consultant's work and I must negotiate a fee for this to be done privately. Is there no end to the people who will seek financial gain from our misfortune in having a relative with dementia? I'm trying to do the COP thing myself as refuse to pay a solicitor to fill in a few forms. :eek: the whole process is designed to benefit their own professions.
     
  10. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,429
    This is very standard. It's akin to getting non standard shots (e.g. malaria). There are certain things that can't be charged for and a lot of things that can.

    The BMA guidance is here

    http://bma.org.uk/practical-support-at-work/pay-fees-allowances/fees/fee-finder
     

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