Hi due to my mum refusing to do POA I'm now left in a difficult situation. Mum has dementia but the big problem is my drug addict brother who still lives with her and steals from her, I currently have mums debit card as advised by the police and social services to keep it away from my brother. I've been researching deputyship and it says I'd have to tell 3 people and they would need to fill in the relevant forms. My brother would obviously refuse to fill in any forms and object to my application. Any advise as to what I can do? Thanks
Deputyship
- Thread starter ian01
- Start date
I did it myself, although I did initially get advice from a solicitor who specialised in deputyship/poa/etc and offered half an hour free (may or may not be available in your area), so I got a heads up on how to fill in the application form. Other questions I contacted the office of public guardians or asked on here.
BTW the CoP will sometimes do fast track applications under special circumstances and in view of your circumstances I would request this
@ian01
www.gov.uk
Urgent or emergency applications can be made when making main application at zero extra cost
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
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Thanks nitram@ian01
Urgent or emergency applications can be made by when making main application at zero extra cost
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
Have you tried the Alzheimer's helpline 0333 150 3456 ? Their literature on deputyship states advice available there. Go to top of this page and click Alzheimer's society, search deputyship
Correct, the LA have a duty of care to the pwd, if deputyship is required and nobody else applies it has to.
The deputy will take total control and charge their fees to the PWD.
Maybe cheaper if you pay a solicitor to apply for you. Every thing a solicitor does as deputy will charged .
Be prepared that paperwork for deputyship has to be spot on accurate and scrutinized by OPG. Do you want the work?
I don't know if I'm up to doing it all to be honest. It's a lot of responsibility.
It is a lot of work, firstly getting it and then carrying out the role. Social services have a duty of care to ensure that decisions made are in the persons best interests. In some ways this may be easier when managing your brother. However there is always the possibility that you will not agree with a decision made on your mothers behalf by the appointed deputy and at that point you will have no come back. You need to weigh up the pros and cons, there is no right or wrong here but you do need to put yourself in the picture too and consider what you can realistically manage.
I'm sorry that LPA is no longer an option. Whilst there's still responsibilities you are left to manage accounts unless someone questions spending. I think they can spot check but they don't seem to.
