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Joint Deputyship for claiming back?

LostInLondon

Registered User
Feb 26, 2021
46
0
Hello,

I am in the process of filling out the deputyship forms with my mother for my father's care. The initial plan was to just have my mum as my dad's deputy but I wanted to ask about claiming back money. I discovered my father was in debt (utility bills) and thus paid it off (with my debit card from my account that is not jointly held). I understand that sort of thing can be claimed back by the deputy however since I will not be the deputy and my mother will, will she actually be able to claim the money back on my behalf? Or for this to be possible do we need to get a joint deputyship?

Other data points (though not sure if they matter) - my dad is in a care home. My mum and I live together (in their shared home).

Thanks,
 

nitram

Registered User
Apr 6, 2011
22,181
0
North Manchester
Your mum could be sole deputy and the application could ask for permission for you to be paid back a specified amount you spent clearing your father's debts, maybe attaching proof of payment.
 

LostInLondon

Registered User
Feb 26, 2021
46
0
Thanks. Do you know where I put that in the application? Are bank statements enough proof or do they need a copy of the bill too?
 

nitram

Registered User
Apr 6, 2011
22,181
0
North Manchester
Do you know where I put that in the application?
Section 4 – Your application
4.1 What order are you asking the court to make?

Are bank statements enough proof or do they need a copy of the bill too?
I think they would mainly need some indication of the amount, stating the sum could be best way.
Not sure about any further details at this stage, everything will have to be shown in your accounts for the annual report.
 

LostInLondon

Registered User
Feb 26, 2021
46
0
Thanks so much. So I just put "permission for my daughter to be paid back for clearing her father's debts for the amount of £1000"? My mum will be the deputy but I'm just writing it for her as English is not her first language. Do we need to ask for other things like "permission to use £300 for house insurance" or is that the sort of thing we only document each year at the end of the year?

Does my mum need to actually apply for permission to be a deputy? I ticked "no" but then I read somewhere that the deputyship has 2 stages. Stage 1 is asking the court for permission to apply. Stage 2 is applying. This is such a draining process...!
 

thistlejak

Registered User
Jun 6, 2020
55
0
Just a thought , as English is not your mum's first language will you be assisting her in completing the annual report? If so it might be an idea to apply for both of you to be Deputies, joint and severally , that way you can legally fill out the report . There is a discussion about the report after it has been filled in and your mum would have to discuss it with the Lay Deputy Support from the Office of the Public Guardian, if she has not completed it she might find it difficult.
 

LostInLondon

Registered User
Feb 26, 2021
46
0
I was worried about the same thing. I spoke to my mum yesterday and she said to apply jointly and severally yes. I didn't know it was illegal to fill it out for her? Her writing is unintelligible (like doctor's handwriting - squiggly) which is why I wrote it out. I was just going to read it to her and ask her to sign it if she agrees with everything.
 

Shedrech

Volunteer Moderator
Dec 15, 2012
10,088
0
Yorkshire
hi @LostInLondon
it may well be worth you talking with one of the advisors on the Support Line as they have a lot of knowledge of legal matters such as this
 

thistlejak

Registered User
Jun 6, 2020
55
0
Deputyship is applied for when someone does not grant POA before they lose capacity. It is more expensive , takes a long time to process ( about 5-6 months at the moment ) and requires annual accounts to be submitted.
 

Sarasa

Volunteer Host
Apr 13, 2018
2,814
0
Hi @JC51, this is the link to the Government's forms about Deputyship. It's the route you have to go down if the person you are acting for has lost capacity, unlike Power of Attorney where the person you are acting for agrees to you being their attorney. I have POA for my mother as we put it in place when it was obvious she had cognitive problems put she was still able to make informed decisions. My sister in law has just been granted deputyship for her mother, and it was a more complicated process, though still fairly straightforward.
 

nitram

Registered User
Apr 6, 2011
22,181
0
North Manchester
What is "Deputyship"? Or is it another term for POA?
POA is when the court of protection grant a person power to act on behalf of somebody lacking capacity. It is granted whilst the person retains capacity to choose their attorney.

Deputyship is when the COP has to use its power to act for a person lacking capacity because there is not a POA.
For practical purposes it deputises this power to an individual meaning control is much stricter.
 
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JC51

Registered User
Jan 5, 2021
112
0
Thanks for your swift answers. My sons have POA for my wife and myself, but I wasn't sure about what Deputyship meant, I now know. I have been told anyone over eighteen should sort out POA as it could be needed at anytime through life.
 

canary

Registered User
Feb 25, 2014
14,939
0
South coast
Ive just found this thread @LostInLondon
TBH, if your mum is going to have problems with form filling Im wondering whether it is going to be easier all round if you apply on your own behalf instead.
The Court of Protection doesnt like giving joint deputyship as it makes it harder to oversee. Its not exactly the same as POA.
 

thistlejak

Registered User
Jun 6, 2020
55
0
My husband and I have joint and severally Deputyship for MIL. He is listed as main Deputy and all correspondence gets sent to him but the COP and OPG will speak to me as well if I ask them a question. I do the paperwork for the Deputyship and we both sign it. We decided to get both as we were , at the time, doing applications for both MIL and FIL and looking after MIL in her own home, FIL was in a care home.