Help with Court of Protection

[Kirstie]

Hi
My mum has been waiting almost a year for the COP to go through for my father. It looks as though it is finally going through this week. At the moment we are getting conflicting information.

My Mums solicitor has said that due to them having a joint account ( and have done so for over 30 years) his pension can carry on going into there and she can pay the bills as normal. It has always been my mother who paid the bills.

The other information we have been given is that the money is infact my fathers therefore must all go to the COP. We have been told (unofficially) that my Mum will basically have to pay half of the bills with her own money, therefore my Mum will have to have her own bank account. She is his full time carer and therefore cannot afford this as she isnt paid for the work that she does and is worried what will happen.

Has anyone heard of this situation or know what we can do. My Mum is doing an amazing job and has never asked for any money but i feel ( if the information is true) everyone else will take a share (govt, solicitors etc) and my mum will be left with nothing.

 

[Saffie]

The other information we have been given is that the money is infact my fathers therefore must all go to the COP.

I am not sure what you mean by COP. That usually is an abbreviation for Court of Protection which is the department who grants you Deputyship? Is it this to which you are referring?

If so, the overseeing of this will pass to the OPG and they will allow the utility bills to be paid from your father's income. They told me that was fine but beware if you ever need input from the LA/SS as they do not agree!

I ,too, have been dependent on my husband for our living costs as I did so much part-time work so have only a very minute private pension and the married woman's state pension. However,now that my husband is in a nursing home and the LA are contributing a little to his fees, I have half his private pension to live on which includes paying everything! all his other income is used to pay his nursing home fees and that is fine.

We also had and still have a joint account at our bank though I now only use it for my husband's payments etc. - the manager said to leave it as it is as it makes things simpler. I have my own BS account into which I transfer half my husband's private pension each month.
Once you have the Deputyship - if that is what it is, contact the OPG for advice. They are very helpful. Also, i cannot see their opinion altering if you have applied for LPA.