Deputyship - July 2023 Version of COP3

[Accstan]

Hi everyone
Wonder if anyone can help, please.
My circumstances are quite simple. My uncle, following a fall and hospital stay has been told by SS, Occupational Health and the doctors that he is 'not fit' to return home and has been placed in a care home. He cannot speak (expressive dysphasia) and SS have said he lacks mental capacity. They have instructed me to obtain Deputyship in order that I can access his bank a/c, realise some investments and probably sell his property to pay his care fees.
I am completing Part A of the COP3 which was revised in July 2023. This forum contains info/advice about the previous version but question 2.1 appears to have changed substantially from the previous version.
The question now asks
"What decision(s) need(s) to be made? (Please number them if more than one). (see note 1)
However, I find Note 1 to be quite ambigous.
The form (COP3) gives me the impression that the applicant (me) in Part A is giving an instruction to the assessor about what primarily needs assessing?
In view of the above I have typed in 2.1 of COP3, the following
"Does (name of uncle) have the mental capacity to make decisions regarding his own financial affairs including whether he is capable of handling the possible future sale of his property to pay for his care costs ?"

Has anyone on the forum experience of completing the July 2023 version of COP3 ? and can anyone offer me an opinion of my proposed answer to the question shown above.
Tearing my hair out here. Cannot afford to make a mistake
Many thanks in anticipation of any help that can be offered
Rob

 

[Grannie G]

Hello Rob @Accstan

I suggest you contact the support line to see if they can help you or signpost you to someone local like AgeUK who might also be able to help.

Dementia Support Line

If you need dementia support, we’re here for you. Get personalised information, support and advice by calling us on 0333 150 3456.

www.alzheimers.org.uk

Information and advice for older people and their loved ones | Age UK

Age UK provides information and advice on many topics that you may need help with in later life. Get advice on money, care, health, housing and more.

www.ageuk.org.uk

 

[canary]

Hello @Accstan

I became deputy for my mum, but the form I filled in was older than the 2023 one, so I didnt reply in the hope that someone else would. However, no-one has, so I thought I would reply in the hope that was I say may help

There was a very similar question that I had to fill in, but it only said "what decisions do you want the court to make?"

My reply was that I wanted the court to decide that my mother <name> lacked capacity to deal with her financial affairs and for the court to appoint me as deputy in order to manage them. I also wished for the court to give me the authority to sell her property <address> in order to fund care fees

In the new format I would put these as two separate items.
These are the two usual things to ask for. You would have to ask for permission if you wanted to rent out her property and also if you wanted a third party to manage her finances eg an estate agent to manage the rental, or a financial portfolio (if they have a lot of money). There is little point in asking for deputyship for health and welfare as it is very seldom granted. You used to have to submit two applications for this, but the new form may have amalgamated them.

I found the Office of Public Guardians to be very helpful if I had questions, although it is not always easy to get through to them

 

[Accstan]

Hello @Accstan

I became deputy for my mum, but the form I filled in was older than the 2023 one, so I didnt reply in the hope that someone else would. However, no-one has, so I thought I would reply in the hope that was I say may help

There was a very similar question that I had to fill in, but it only said "what decisions do you want the court to make?"

My reply was that I wanted the court to decide that my mother <name> lacked capacity to deal with her financial affairs and for the court to appoint me as deputy in order to manage them. I also wished for the court to give me the authority to sell her property <address> in order to fund care fees

In the new format I would put these as two separate items.
These are the two usual things to ask for. You would have to ask for permission if you wanted to rent out her property and also if you wanted a third party to manage her finances eg an estate agent to manage the rental, or a financial portfolio (if they have a lot of money). There is little point in asking for deputyship for health and welfare as it is very seldom granted. You used to have to submit two applications for this, but the new form may have amalgamated them.

I found the Office of Public Guardians to be very helpful if I had questions, although it is not always easy to get through to them

Thank you for your input/
I have tried the Court of Protection helpline several times but can never get through. I suppose I shall have to go with my instinct but my nature is to be precise and I fear the Application may get rejected if I word things wrongly.
If I am successful using my answers to the questions I shall re-post so hopefully it will help others.