Deputyship conditions

Jaycee23

Registered User
Jan 6, 2011
383
0
uk
Hi all, I have not been on talking point for a long time and have missed reading threads from those living/caring for those with dementia. I have done many threads relating to the problems from my hateful siblings and their contempt towards those caring for my mum who is on a Emi ward in a nursing home. Even with mum being cared for is a challenge as she refuses any medical care she needs. She refuses to allow nurses treat her ear infections and sores that have developed due to lack of personal care and urine infections. I have been informed by all those involved that they cannot force her. Also my sister who has never visited her in over two years and a brother who has visited For times for approximately 10 mins have applied for deputy's hip over her finances and property. Some of you may remember that my sister and I were originally joint POAs but my sister would not perform her role and my brother and brother in law threatened me when it meant mum needed to spend money for her care when she lived at home. Social services had been threatened as well as hospital staff and care workers in the home. No one has stopped him other than place deprivations of Liberty on my mum stating due to family issues. I have the social services visiting me tomorrow to ask me to contribute evidence of abuse involving my siblings role in trying to take control in stopping mum having care. As my brother and sister are opposing social services being in control of mums finance and they themselves are applying for deputyship it is going to court in two months for the judge to decide. If I give this evidence I might have the abuse again in revenge. If I refuse to give this evidence and they get deputyship (which I would find unbelievable considering the evidence they already have) I wonder if they would have deputyship with high supervision and they accounts they produce would be available under the freedom of information act? I have had absolutely no support from the system and it seems everyone is pussyfooting around my brother. We had two years of hell from my family and I feel like letting them get on with it but would like to keep an eye on things as they both cannot be trusted due to money problems and lack of real care for mum. The home manager says she has never met my sister and has just had to do a DOLS on mum to stop my brother removing mum from the home last week where he said he took in dependant psychiatrist who was going to take my mum out and assess her mental state to see if she can be taken out for days!! Could this happen and would my mum cope in a strange place etc. I hope someone can help.
 

susy

Registered User
Jul 29, 2013
801
0
North East
I'm sorry you havnt had any replies as yet.

I can only say what I would do in this case. I would hold my head up high and I would tell the truth. The court will decide what they want with all the evidence not just what you have to say. If there is any retribution towards you afterwards inform the police and inform them about everything that has gone on before.

But that's me and I am not you or anyone else. Best of luck with whatever happens in the future. X
 

canary

Registered User
Feb 25, 2014
25,018
0
South coast
Hi all, I have not been on talking point for a long time and have missed reading threads from those living/caring for those with dementia. I have done many threads relating to the problems from my hateful siblings and their contempt towards those caring for my mum who is on a Emi ward in a nursing home. Even with mum being cared for is a challenge as she refuses any medical care she needs. She refuses to allow nurses treat her ear infections and sores that have developed due to lack of personal care and urine infections. I have been informed by all those involved that they cannot force her. Also my sister who has never visited her in over two years and a brother who has visited For times for approximately 10 mins have applied for deputy's hip over her finances and property. Some of you may remember that my sister and I were originally joint POAs but my sister would not perform her role and my brother and brother in law threatened me when it meant mum needed to spend money for her care when she lived at home. Social services had been threatened as well as hospital staff and care workers in the home. No one has stopped him other than place deprivations of Liberty on my mum stating due to family issues. I have the social services visiting me tomorrow to ask me to contribute evidence of abuse involving my siblings role in trying to take control in stopping mum having care. As my brother and sister are opposing social services being in control of mums finance and they themselves are applying for deputyship it is going to court in two months for the judge to decide. If I give this evidence I might have the abuse again in revenge. If I refuse to give this evidence and they get deputyship (which I would find unbelievable considering the evidence they already have) I wonder if they would have deputyship with high supervision and they accounts they produce would be available under the freedom of information act? I have had absolutely no support from the system and it seems everyone is pussyfooting around my brother. We had two years of hell from my family and I feel like letting them get on with it but would like to keep an eye on things as they both cannot be trusted due to money problems and lack of real care for mum. The home manager says she has never met my sister and has just had to do a DOLS on mum to stop my brother removing mum from the home last week where he said he took in dependant psychiatrist who was going to take my mum out and assess her mental state to see if she can be taken out for days!! Could this happen and would my mum cope in a strange place etc. I hope someone can help.

I have deputyship for my mum, but it was very straightforward and I did not have to go to court. I would just tell it like it is, though.

I can answer the bit in bold though :) Yes, everyone who gets deputyship has to have supervision. There is a sliding scale of supervision, depending on various factors including, amount of finances, experience and whether there have been problems. I am pretty sure from reading the accompanying explanations that if your siblings got the deputyship they would, indeed, be under high supervision. Whoever has deputyship has to give detailed financial accounts (complete with receipts if required) and justifications for the way things have been handled which are to be submitted annually to the Court of Protection. They are not available for anyone else to see.

If there are concerns regarding their deputyship then you can contact the CoP, but it does have to be backed up by solid evidence.

Hope this helps a bit and good luck at the court.
 

dottyd

Registered User
Jan 22, 2011
1,063
0
n.e.
As you Lready have Poa, I can't see why they should want/ need deputy ship.

I was deputy for my aunt and found it extremely stressful.

It's not necessary to have both. It also cost about £2000 to obtain deputy ship and we did not go to court.

I would argue as poa you don't give your permission for deputy. You already have control. It's not necessary.

You have to pay £350 a year for the supervision.

If the cop feels anything untoward is going on/ they need more help they will get a visit from a cop officer.
 
Last edited:

Saffie

Registered User
Mar 26, 2011
22,513
0
Near Southampton
It also cost about £2000 to obtain deputy ship and we did not go to court.

I would argue as poa you don't give your permission for deputy. You already have control. It's not necessary.

You have to pay £350 a year for the supervision.
Just to say that all applications for Deputyship go to court, not the applicants themselves of course, but the permission to act as a deputy for the Court of Protection has to be granted by a judge.

Secondly, if you do the application yourself rather than via a solicitor, it can cost a lot less than £2,000 as the application itself is only £400 - or was when I did it - although there is a Bond to pay as well. This can be annual, although mine was a once only payment, and the amount will vary according to the extent of the estate.

The level of supervision will also vary likewise and below a certain financial limit will be at its lowest so will cost nothing and will not require an annual report to be completed.
So financial affairs in those circumstances will be not that closely scrutinised.
 

canary

Registered User
Feb 25, 2014
25,018
0
South coast
Saffie - you are quite right about all applications for deputyship going to court. Sorry, sloppy thinking. I really meant that I didnt have to attend the court hearing.
 

Jaycee23

Registered User
Jan 6, 2011
383
0
uk
Poa

As you Lready have Poa, I can't see why they should want/ need deputy ship.

I was deputy for my aunt and found it extremely stressful.

It's not necessary to have both. It also cost about £2000 to obtain deputy ship and we did not go to court.

I would argue as poa you don't give your permission for deputy. You already have control. It's not necessary.

You have to pay £350 a year for the supervision.

If the cop feels anything untoward is going on/ they need more help they will get a visit from a cop officer.

Hi, Thank you for your response. I just want to point out that I did have POA jointly with my sister but due to two years of threats from my brother and non co operation from my sister not complying with the requirements and even with me complaining to the COP and OPG I had to stand down and the POA became obsolete. Now the local authorities are fighting for deputyship and my brother and sister want deputyship too. I have given sufficient evidence of abuse which has been witnessed by mums solicitors and hospital and care staff.
 

Jaycee23

Registered User
Jan 6, 2011
383
0
uk
Thank you for your response as it is always helpful to hear other people's experiences dealing with different aspects of caring
 

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