Deputyship - stupid question time.

[GeorgieW]

Hello hive mind.

I have been told that I need to get a Deputy in place in order to sell the family home. I think I have found the form.

Can you confirm that it is a COP4 form.

And does anyone have a clue how long this will take.

Thank you all.

 

[Kevinl]

The Court of Protection, form 4 looks like the right one of someone has dementia and can no longer consent to appointing someone with a Lasting Power of Attorney (LPA), either way there are 2 kinds of each, health and welfare and legal and financial.
I assume it's UK English laws that cover the sale of the house. K

 

[nitram]

Hello hive mind.

I have been told that I need to get a Deputy in place in order to sell the family home. I think I have found the form.

Can you confirm that it is a COP4 form.

And does anyone have a clue how long this will take.

Thank you all.

COP 4 is correct
Assume person is in care.
Ask for explicit permission to sell the home as person is in permanent residential care and has no future need of it.

Enclose a

Make an urgent or emergency application to the Court of Protection

Make an urgent or emergency application to get permission to make decisions for someone who lacks mental capacity including interim applications for people applying to be a deputy

www.gov.uk

if funds are needed for care fees.
Work on 6 months to 1 year for approval, expect an interim order before that time

You may have difficulty getting anybody to sign a COP3

 

[thistlejak]

Are you already a Deputy and want to sell a house or are you needing to set the whole thing up?

If you are already a Deputy I would contact the OPG and ask them which forms you need - the forms look to have changed since we did them in 2018. They used to reply to emails quite quickly.

If you have to start the whole process you need to start with COP1 and then add in the forms requested at the end of the document for your circumstances. you will be looking to be appointed to administer property and financial affairs and also to appoint a trustee to act on behalf of the PWD

 

[GeorgieW]

I already have a LPA but the way the deeds are, I cannot sign for myself and my PWD so need a trustee for her bit. its a one off gig so to speak and need it all in a bit of a hurry....... PWD is not a happy bunny and wants to sack all the solicitors

 

[nitram]

I don't think appointing a trustee requires court approval.
Is there another POA who could act for her with you acting for yourself?

 

[Kevinl]

Is the LPA health and welfare or for legal and financial, or both. Selling a house isn't health and welfare, that said the blurred lines between paying for care are.
CoP can be expensive, very expensive I understand without making comment. K

 

[mhw]

Hi you need quite a few forms cop1 cop1d cop12 cop24, if you are already deputy, if not you'll need to fill in additional cop24 as a statement to apply to be a deputy.
I have just done this application last week.
I have been deputy for 5 yrs and last yr did a COP application and made a statutory will.
The fees are £371 each application
You will need either the original Cop3 document from your existing deputyship if you are one already to prove lack of mental capacity. Or if your relative is in care they should have a DOLS ( deprivation of liberty order) the court will accept either to prove they can't live independently at the property any longer even if it wasn't sold etc.
If you need any help, just ask, after dealing with the COP over the last 6 years for 2 deputyship a will and now a trustee and sale order I'm considering myself a bit of a expert 😉 lol

 

[GeorgieW]

Hi you need quite a few forms cop1 cop1d cop12 cop24, if you are already deputy, if not you'll need to fill in additional cop24 as a statement to apply to be a deputy.
I have just done this application last week.
I have been deputy for 5 yrs and last yr did a COP application and made a statutory will.
The fees are £371 each application
You will need either the original Cop3 document from your existing deputyship if you are one already to prove lack of mental capacity. Or if your relative is in care they should have a DOLS ( deprivation of liberty order) the court will accept either to prove they can't live independently at the property any longer even if it wasn't sold etc.
If you need any help, just ask, after dealing with the COP over the last 6 years for 2 deputyship a will and now a trustee and sale order I'm considering myself a bit of a expert 😉 lol

Thank you all for your guidance it is much appreciated.