Hi we have to obtain Deputyship via the Court of Protection and don't really know what the problems will be if we apply or we agree for the Council or a Solicitor to be the Deputy. Does anyone have any experience of this and anything that might be useful please?
Deputyship Via The Court of Protection
- Thread starter Fiona123
- Start date
Hellp Fiona.
I have CoP deputyship for my mum, but Im not entirely clear what your concern is.
As CoP deputy you have very similar powers as POA so that you can manage her finances, pay bills etc. You can open new bank accounts and if there is property and/or investments you can manage and even sell these too. The downside is that you have to send an annual financial report (there is a form to fill in) to the CoP showing how you have managed her affairs and giving examples of how you have done things in her best interest. You also need to keep all receipts, bank statements etc in case of any queries from the court. I have not found it too hard, but then she doesnt have very complicated finances - she has a current account, a savings account, a couple of ISAS, a few shares (not worth much) and a bungalow which I have just sold. Selling the bungalow was the hardest part, but that was mostly because of the emotional attachment.
If there is no family who chooses to be the deputy, or for some reason they are not able to do it, then the court will appoint someone of their own choosing, often a solicitor. This means that you do not have to worry about that side of things as someone else will do it, but the downside is that this person has complete control over all the financial side of things and can dispose of all the belongings as they see fit eg they may decide to sell the house and just bring in a firm to clear the whole house including stuff of sentimental value that family might like to keep. They will also be responsible for buying clothes, toiletries etc and I wonder whether they will consider that persons taste in such things and nice clothes etc may not be high on their priorities. Please understand that Im not saying that all solicitors would be so inconsiderate, Im just saying that it might happen and if it did you would have no comeback. A solicitor would also charge a fee for this service.
I dont know if this helps at all. If I have misunderstood your concerns then please do correct me and Il try and address the actual problem
I have CoP deputyship for my mum, but Im not entirely clear what your concern is.
As CoP deputy you have very similar powers as POA so that you can manage her finances, pay bills etc. You can open new bank accounts and if there is property and/or investments you can manage and even sell these too. The downside is that you have to send an annual financial report (there is a form to fill in) to the CoP showing how you have managed her affairs and giving examples of how you have done things in her best interest. You also need to keep all receipts, bank statements etc in case of any queries from the court. I have not found it too hard, but then she doesnt have very complicated finances - she has a current account, a savings account, a couple of ISAS, a few shares (not worth much) and a bungalow which I have just sold. Selling the bungalow was the hardest part, but that was mostly because of the emotional attachment.
If there is no family who chooses to be the deputy, or for some reason they are not able to do it, then the court will appoint someone of their own choosing, often a solicitor. This means that you do not have to worry about that side of things as someone else will do it, but the downside is that this person has complete control over all the financial side of things and can dispose of all the belongings as they see fit eg they may decide to sell the house and just bring in a firm to clear the whole house including stuff of sentimental value that family might like to keep. They will also be responsible for buying clothes, toiletries etc and I wonder whether they will consider that persons taste in such things and nice clothes etc may not be high on their priorities. Please understand that Im not saying that all solicitors would be so inconsiderate, Im just saying that it might happen and if it did you would have no comeback. A solicitor would also charge a fee for this service.
I dont know if this helps at all. If I have misunderstood your concerns then please do correct me and Il try and address the actual problem
I have Deputyship for my Mum via COP.
I agree with everything that Canary has said.....and I have just sold Mum's house too and agree with the sentiments that that has raised....family home since Mum and dad married so lots of family history there.
I have found no issues whatsoever in doing this - the report was simple, I had kept receipts but have for this year made an easier system. I have phoned the COP a couple of times when I first started, and have found them very helpful and supportive.
It is so easy - and it means that I can buy Mum's toiletries (and anything else she requires) without any delay and in full awareness of what she needs.
Go for it, it is one of those things that will make you feel privileged to be able to providing support by looking after affairs and doing what is right in the very best interest of your loved one.
And this board is very very helpful! Good luck xx
I agree with everything that Canary has said.....and I have just sold Mum's house too and agree with the sentiments that that has raised....family home since Mum and dad married so lots of family history there.
I have found no issues whatsoever in doing this - the report was simple, I had kept receipts but have for this year made an easier system. I have phoned the COP a couple of times when I first started, and have found them very helpful and supportive.
It is so easy - and it means that I can buy Mum's toiletries (and anything else she requires) without any delay and in full awareness of what she needs.
Go for it, it is one of those things that will make you feel privileged to be able to providing support by looking after affairs and doing what is right in the very best interest of your loved one.
And this board is very very helpful! Good luck xx
EvieB
Hi all, this is my first time on the forum and I was so pleased to see these posts as we have been advised to go cop route for our aunt and the gov website looks daunting! We want to do the best for auntie, we know the sort of things she likes, but don't know what will happen if those decisions are left to a stranger. We have a solicitor who will do the forms, it's expensive and we have to pay for it initially but understand it can be reimbursed when it comes into effect.
It's all new to us, auntie's behaviour has changed so rapidly we hardly know where to turn, have arranged some safeguarding measures, thankfully managed to get her to agree to them as a 'temporary' thing as she says she is getting better but the opposite is the case.
Again, so pleased to find this forum, knowing others are in similar circumstances and getting advice and opinions is helping.
Hi all, this is my first time on the forum and I was so pleased to see these posts as we have been advised to go cop route for our aunt and the gov website looks daunting! We want to do the best for auntie, we know the sort of things she likes, but don't know what will happen if those decisions are left to a stranger. We have a solicitor who will do the forms, it's expensive and we have to pay for it initially but understand it can be reimbursed when it comes into effect.
It's all new to us, auntie's behaviour has changed so rapidly we hardly know where to turn, have arranged some safeguarding measures, thankfully managed to get her to agree to them as a 'temporary' thing as she says she is getting better but the opposite is the case.
Again, so pleased to find this forum, knowing others are in similar circumstances and getting advice and opinions is helping.
Hello EvieB
so pleased that the forum is helping you - I'm not at all sure what I'd have done if I hadn't found it when dad was diagnosed - so much sympathy and knowledge here to tap into
your aunt is fortunate to have you looking out for her
best wishes to you and your aunt
so pleased that the forum is helping you - I'm not at all sure what I'd have done if I hadn't found it when dad was diagnosed - so much sympathy and knowledge here to tap into
your aunt is fortunate to have you looking out for her
best wishes to you and your aunt
Hi Fiona!
I had a solicitor as deputy for my two aunts,who both had dementia.
I found him very useful as I felt unable to cope with all the financial things as well as the upset of visiting them and doing what I could to help.
The solicitor sold their house,he did not wish to have the bother of looking after tenants.so this is something to consider if you think the house should be let.
As far as shopping for clothes and so on,he was happy to let me do that and reimburse me. Less bother for him you see.
As I was the major beneficiary of both my aunts wills, it also meant i
I did not have the COP looking over my shoulder and saying I was acting in my own interest. I would never have done so ,but i never wanted the question asked.My aunts had a very difficult friend who was likely to raise it.
You will find many people on this site who cope well with being deputy, but I was very happy to hand it over.
I had a solicitor as deputy for my two aunts,who both had dementia.
I found him very useful as I felt unable to cope with all the financial things as well as the upset of visiting them and doing what I could to help.
The solicitor sold their house,he did not wish to have the bother of looking after tenants.so this is something to consider if you think the house should be let.
As far as shopping for clothes and so on,he was happy to let me do that and reimburse me. Less bother for him you see.
As I was the major beneficiary of both my aunts wills, it also meant i
I did not have the COP looking over my shoulder and saying I was acting in my own interest. I would never have done so ,but i never wanted the question asked.My aunts had a very difficult friend who was likely to raise it.
You will find many people on this site who cope well with being deputy, but I was very happy to hand it over.
EvieB
Thank you Shedrech, today my sister in law and I took auntie to have a memory assessment and it was heartbreaking when she said she'd not been married. We came out while auntie had the memory test and cried. She was diagnosed as having mild mixed dementia and has some medication which should slow it but if this is mild,,,,? The doctor said we'd bought her with no lunch, this was for a 2pm appointment, but we'd all had sandwiches crisps and cake! I feel this is the beginning of a long road so we have to take it steadily, do what we can and get advice and listen to experiences. The doctor mentioned lasting power of attorney but auntie says she is fine and doesn't need it. Doctor advised a mental capacity test which has to be done by the GP, onwards and upwards
Thank you Shedrech, today my sister in law and I took auntie to have a memory assessment and it was heartbreaking when she said she'd not been married. We came out while auntie had the memory test and cried. She was diagnosed as having mild mixed dementia and has some medication which should slow it but if this is mild,,,,? The doctor said we'd bought her with no lunch, this was for a 2pm appointment, but we'd all had sandwiches crisps and cake! I feel this is the beginning of a long road so we have to take it steadily, do what we can and get advice and listen to experiences. The doctor mentioned lasting power of attorney but auntie says she is fine and doesn't need it. Doctor advised a mental capacity test which has to be done by the GP, onwards and upwards
