Deciding whether to apply for deputyship

pandion

Registered User
Sep 18, 2023
67
0
If someone is able to give any advice or any suggestions as to who else can help I'd be really grateful. Apologies for the long post.

I'm trying to figure out whether to apply for deputyship for my mum, who was diagnosed with dementia last year and has been in a care home for a year now (on a temporary contract as she is consistently objecting to being in a home). I was looking at trying to get LPA but feel we're probably past that stage. I had to get a solicitor involved with that as I couldn't find anyone to act as certificate provider, the solicitor met with mum and told me they would need a formal capacity assessment done as they weren't sure mum understood. I had trouble trying to find someone to do an assessment, eventually got in touch with someone doing them privately who said it sounded like it wouldn't be worth doing, and suggested deputyship instead.

Mum's social worker has said the council would apply for deputyship if I don't, they would then be in control of mum's finances. But would this necessarily be a bad thing? I have looked at all the forms and guidance online and it is so lengthy and complex, I don't want to do it if I don't need to. It would also be a huge information gathering exercise - I don't have details of all of mum's bank accounts, credit cards, I don't have her will (they ask for a copy), I don't know how much her flat is worth so would have to get a valuation done presumably? Because I don't have oversight of all her finances the form says I would need to get an interim court order to then get information from banks etc. How much time and energy would this all take?

I could go to a solicitor which I guess would mean they do a lot of this instead? I don't really understand how it would work though. Presumably they would still need some information from me as well? And does anyone know how much extra that would cost?

Earlier today I called the Alzheimers Society phoneline but unfortunately the lady I spoke to wasn't helpful and couldn't tell me anything I didn't already know. She mentioned calling the Office of the Public Guardian so I called them afterwards, they also couldn't help with any specifics around the application. They said the only people who could advise me is the Court of Protection, but they told me they're impossible to get through to on the phone and also they are "useless". At which point I took myself off for a long walk to calm down...

I just can't believe we are left to somehow muddle through something this involved and complex with absolutely no help.

Mum doesn't have much money or income - she has accrued a lot in the last year but this will be going towards her care costs at some stage (a financial assessment hasn't been done yet, although I've been told today that I just need to fill in the assessment form as best I can because otherwise they will bill mum the full cost of her care). Also her flat will need to be sold. But maybe it would be better if the council sorted that out themselves? At least that way I can truthfully tell mum it's them, not me. The way the deputyship application is worded, it would feel like I was formally going against mum in court, and that makes me really uncomfortable.

 

Kevinl

Registered User
Aug 24, 2013
6,579
0
Salford
Agree to everything but sign nothing, I can only say it worked for me.
Never play patient poker with me when it's about my wife's right to care, I will call you and raise, it shouldn't come to it but sometimes it does, I care, they have a duty of care. K
 

SeaSwallow

Volunteer Moderator
Oct 28, 2019
6,154
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@pandion I do not have any experience of applying for deputyship but others on the forum have said that it is relatively simple. Hopefully someone with experience will come along with advice for you.
As far as I understand it if you do not apply and the local authority do apply for deputyship you would not have any say in your mum’s financial affairs.
 

Sarah424

New member
Aug 14, 2023
2
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@pandion my husband (only child) has been granted deputyship this week for his 80 year old dad who has been in a care home since June. Long story short - the Local Authority put him in the care home temporarily as he was not able to look after himself at home but this was made permanent and with a DOL's order from September. Deputyship application was logged in October and heard this week but think it would have been another couple of months if he didn't have an advocate that contested the DOL's order that also needed to be heard by a judge. Because the LA made him go into a home they said that he lacked capacity so that wasn't really a hurdle for us.
The process definitely isn't easy or quick to do yourself but is obviously a lot cheaper than going through a solicitor. I would imagine even if you have a solicitor do it you would still have to do all the legwork regarding bank and credit cards etc?? For the house we put a very ball park figure on the form and said that we would sell the house once granted. The care home fees are currently being picked up by the LA as we have no access to FIL accounts so obviously we will have to pay these back as soon as the house is sold. We are now waiting for the paperwork to come through but the judge said we could market the house in the meantime so are now sorting that to go on for sale.
Have you applied for attendance allowance as we were not aware of this and he probably would have been entitles to this for a year before he went to the care home but we just didn't realise. AA is not means tested so just apply if you haven't already.
I hope I have covered everything that you need but please feel free to ask if there is anything else I can help with.
 

mhw

Registered User
Apr 4, 2024
34
0
You have to be I formed by the court when an application is made as you are her relative. The person ( social services) have to serve you with all the evidence they have submitted to the court. You are given this and a COP5 form on which you can request to be party to the application.
My advice, let them do all the leg work, file the application then when you get sent it fill out the COP5 saying you want to be joint deputy. That way they have done all the work research and paid the money, you get the opportunity to convince the court to let you have equal say in what happens with her money.