Question about Deputyship when already in a care home

[sarahmcc]

Because of delays from my Gran-in-law's useless doctor I haven't managed to get my application for Deputyship even in the post yet. Sadly she's now got much worse and it doesn't look like she'll be coming out of the care home she went into for respite
Now, there is talk of being able to get permission to sell her house without needing Deputyship, but I don't think that would be the case. Besides, I'm pretty sure I need Court of Protection approval to control her bank account. I wonder if anyone could confirm if I definitely still need it now? I'm being bombarded with a lot of information, some of it not being explained very well.

 

[thistlejak]

Are you waiting for the GP to do a capacity assessment and then complete the COP declaration? If so have they actually agreed to complete the form as most won't do it. We had to get an independent social worker to do capacity assessments and forms for parents in law. We found ours in an internet search.
I think you are probably correct that you need permission to sell from the courts. We got Deputyship and then had to apply for Trusteeship to sell the house - this was due to not knowing who owned the house when we applied to be Deputies and we were applying to be Deputies for both of them at the same time.
In order to be able to sell the house please make sure you get all the correct forms in first time as you will need to put in another application later . In all it took us 16 months and that was pre Covid.
Hopefully this helps.

 

[MartinWL]

@thistlejak is right, you can't manage her finances at all let alone sell her house without the authority of Deputyship or a power of attorney, which it sounds like you don't have. A bit alarming that there is uncertainty about who owns the house. That must be sorted out before you sell it otherwise there wou be a great risk of things going horribly horribly wrong. If you cannot be 100% sure who owns it, offering it for rent might be the best option until resolved.

 

[Sarasa]

Hi @sarahmcc, as far as I understand it you won't be able to sell your grandmother's house until you officially have Deputyship. Have you actually got it sorted and is it ready to go, or are you still in the process of applying?
I managed to get Lasting Power of Attorney for my mum and both the solicitors and the estate agents wanted to see that I had it before they let me deal with the sale of her flat. My husband's family have recently gone done the route of deputyship for their mother, but forgot to put selling the house on the form, so are now having to apply to do that. Make sure that is clear on your form before you send it in. Getting their original application back took about three to four months btw.
I think it might be a good idea to talk to the support line to clarify the situation, and I certainly would try not to be pushed into doing anything until you are happy that you have the legal right to proceed. The Support Line is open today between 10.00 and 4.00. You can call them on 0333 150 3456 or email dementia.connect@alzheimers.org.uk

 

[canary]

I got deputyship for my mum and was unable to sell her home until I got it. I had to show the certificate from the Court of Protection to both the estate agent and the solicitor before I could proceed. Who is telling you that you dont need it? they are definitely wrong. Make sure you put on the original application form that you need authority to sell the home.

As others have said - are you still waiting for the GP to sign the form? Mums GP wouldnt do it, but her SW did, although many of them will no longer do it. Once everything is all signed and ready to send in, you can request the CoP to fast track it if the delay will cause financial difficulties.

 

[nitram]

If cash from the sale of the house is required to pay for care you can enclose an
>>> Emergency Application<<< with the application for deputy, there is not an additional fee.

 

[sarahmcc]

Brilliant - thanks everyone. That's cleared that up. I know what I'm doing now. I'm hoping that when the care home transfer her to their medical practice the doctors there will be more forthcoming. Otherwise I will do what some of you suggest and say to her social worker (who has been really good so far) that I'm getting nowhere and really need her to do this. Hopefully she won't quibble.