I hope someone can help me please. My long term (35 years) partner's daughters unknown to me coerced and manipulated their Mother into appointing them LPA. I complained to the OPG who after a long investigation have applied to the Court of Protection to have LPA revoked as my Partner did not have the capacity to make it. I can apply to be her Deputy when LPA is revoked but this can take a long time, We have lived together for over 30 years and our property is in joint names. As my Parner does not have capacity, but I am her main carer as we still live together, So if (when) the LPA is revoked my partner has no one to act (legally) on her behalf. I know local authority can do it but they charge for it. COP can take months to appoint a Deputy.
LPA Revocation
- Thread starter steve333
- Start date
For finance all the LA can do is apply for deputyship charging you Mother all fees including those of the ongoing deputyship.
If the LPA is revoked it's up to you to decide whether or not to apply for deputyship or hand the job over to the LA meaning you will have no say in your Mother's finances.
Health and welfare deputyship is extremely rare , a best interests meeting can be called.
If the LPA is revoked it's up to you to decide whether or not to apply for deputyship or hand the job over to the LA meaning you will have no say in your Mother's finances.
Health and welfare deputyship is extremely rare , a best interests meeting can be called.
The only deputyship you will be likely to gain would be for finance , health and wellbeing will be between the LA and family /NOK.
What would you need the deputyship for in the first instance? I support it depends on how the finances are managed between you or if you think your partner will need to pay for care.
What would you need the deputyship for in the first instance? I support it depends on how the finances are managed between you or if you think your partner will need to pay for care.
It's not my Mother it's my partner. I intend applying for finance and Property Deputyship. Also health and Wellbeing. As I am my Partners main carer and know her better than anyone else I am best placed to act in her best interests. I fail to see why a remote and distant Social Worker would be more able than I to look after my Partner's health and wellbeing.
The Local Authority and my Partner's daughters are remote. Daughters have little contact with their Mother and certainly would not act in her Health and Well being best interests, hence the reason the OPG has applied for the LPA to be revoked. If health and well being deputyship was awarded to L.A. and daughters then I would need to question my continuing role as my partner's main unpaid carer. I feel like an nobody now. I don't have a say in anything as LPA still in force.
It is never as clear cut as it seems. For what ever reason, health and welfare deputyship is rarely granted to families or partners. If there is a situation where a decision needs to be made such as going into care , then the LA will apply to the COP to make a best interest decision and this should include your views as her main carer. It is one of those things that you can’t know until it happens. Some people have LPA for H&W and infact have no use for it,others have been asked for the documentation. Some GPs will talk with the LPA others won’t , some hospitals take it into consideration others don’t. Reading the posts on here highlight these inconsistencies. However, until the LPA in existence is revoked, you have been left in a difficult situation. Your are not a nobody though, you are a carer who has and still is doing their very best for their loved one.
Thanks for your response, much appreciated. To my Partner I'm not a nobody but to Social Services and the NHS I am. LPA is very easy to set up, tick a couple of boxes etc by a solicitor who doesn't ask very many questions. It is not even a legal requirement that a person of interest such myself the Donor's long term partner has to be informed. I knew nothing about it until LPA had been registered. I believe this situation is changing in the near future.
I just want to say I feel for you. I went through all of this with my Dad, my half Sister (not his Daughter) had become his LPA in 2019 without my knowledge. In 2021 the LPA was suspended following my complaint (knowing the family history etc) and the LPA was then revoked a few months later. I had a Deputy application in but so did a Solicitor that was made a temporary Deputy whilst the case was waiting to go to COP. The half Sister basically disapproved of my Deputy application and it resulted in the temporary Deputy (solicitor) becoming my Dads permanent Deputy, its all wrong and the cost is high when a Solicitor Deputy looks after a person's affairs, family members don't get paid when they are a Deputy. The Deputy has now sold my Dads properties and done things my Dad was totally against and it would kill him if he knew. It has been a horrendous few years and the feeling I let my Dad down by not winning will stay with me for life
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