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Sharing the deputy role

Discussion in 'I care for a person with dementia' started by Greyone, May 27, 2015.

  1. Greyone

    Greyone Registered User

    Sep 11, 2013
    389
    Male
    UK
    My sister and I are applying to the court of protection to become our mother's deputies because she declined to make a lasting power of attorney and no longer has the mental capacity to make decisions for herself.

    This is the first time my sister and I will be working together and will have to work together with the oversight of the OPG.

    To me it looks like the application process is very much a 'one step at a time' with the OPG sending out details of what you can and cannot do and placing a level of supervision upon you.

    My question i suppose is , has any one any experience of performing this role with another family member. I am wondering just how easy or difficult it is for two people to fullfil the role of deputy. Especially if the OPG require you to write a report and include details of how you managed their money. I am beginning to understand why i was told that generally the OPG prefer one person in this role althogu they can accept two.

    Is there any one who has successfully managed a joint deputy role with another familly member. if so i would certanly like to know how they manged this. is it easy for two people to do perform this role ?

    Any views at all would be most welcome.
     
  2. Isabella41

    Isabella41 Registered User

    Feb 20, 2012
    901
    Northern Ireland
    We are going through the process right now with my uncle. My daughter is going to be the deputy. We were strongly advised that this was the best course of action as its very difficult for 2 people to carry out this role. If your sister and you are normally very close and can agree on most things it probably won't be an issue but otherwise you could both find yourselves in a sticky wicket if one of you wants to make a decision the other disagrees with. Could one of you not agree to act as deputy with the other acting in an unoffical advisory capacity.
     
  3. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,499
    Female
    Near Southampton
    I'm assuming this Deputyship will be just for Legal and finance purposes.
    It will mean close liaison between the 2 parties as accurate accounts have to be kept involving all income and expenditure as the books have to balance for the annual report. All receipts must be kept too. I'm sure it's possible but perhaps if only one person has the Deputyship bank card and cheque book it might be easier. The other Deputy would need to see the use they have been put to on a very regular basis though. It does seem to be more complicated.
     
  4. marsaday

    marsaday Registered User

    Mar 2, 2012
    541
    I have exactly this with my brother. But in reality I'm the one who does all the looking after of the money and he is there in name only. It suits us as he's always been happy for me to do the work and we have not encountered a problem. Last year I did the report on my own. Mostly just accounting for the year's expenditure. Showed him a copy and that was it.
    Why bother having 2 then? Well, if anything happened to me or I decided I didn't want or couldn't do it anymore, he could take over easily. If there is no 2nd deputy then that would mean a fresh application to the court. It did make the initial setting up a bit more complicated as we both had to provide ID's for all the individual banks etc where Mum had her money - and there were a lot!
     
  5. marsaday

    marsaday Registered User

    Mar 2, 2012
    541
    Sorry forgot to mention that trust here is obviously a big factor. My brother trusts me completely as I would him if he had to take over. We do have another brother who would not have been a consideration if you know what I mean.
     
  6. Greyone

    Greyone Registered User

    Sep 11, 2013
    389
    Male
    UK
    That is the very thought going through my mind. I must admit that we do not work well together and this is the first time we will be forced together for our mothers benefit. Over ht epast few weeks i have become increasingly concerned becasue ny sister has been doing most of the work and trying to make a lot of the decisions. i think there is a lot of truth in what you are saying. I Also think that she's encouraged me to apply as a just-in-case.
     
  7. Greyone

    Greyone Registered User

    Sep 11, 2013
    389
    Male
    UK
    That is another reason why i'm growing concerned. Two people cannot manage her affairs for that very reason. Thanks.
     
  8. Greyone

    Greyone Registered User

    Sep 11, 2013
    389
    Male
    UK
    #8 Greyone, May 29, 2015
    Last edited: May 29, 2015
    I think your reasons for having 2 are very good. I suspect my sisters decisions for making some decisions are more for her interests than my mothers. before we meet with our solicitor again i may speak to him about the role of a 2nd deputy. I may insist that my sister does all the work and i stay as a sleeping partner. Thanlks very much.
     
  9. Greyone

    Greyone Registered User

    Sep 11, 2013
    389
    Male
    UK
    My sister is a concern to me because she has been off sick for 6 weeks because of the effect of this. To date my sister has been involved with our mothers personal and medical needs and she's been very good at that. She's started to perform the financial matters that i used to do and wants to have control of the household expenditure. Whilst i'm completing the COP1A form , i may decide to have a separate meeting with our solicitors to discuss the situation. The more i think about it the more uneasy i am becoming , esp because of how my sister is at the moment. I have the distinct feeling that she is putting her own needs before our mothers because she wrongly thought she was going to be homeless becasue of this.
     
  10. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,499
    Female
    Near Southampton
    Unless your sister obtains Health and Welfare Deputyship as well as Financial and Legal, which isn''t granted very often, she will only be able to make decisions about financial matters. What treatment your mother receives, where she lives, end of life care etc, will be for you both.
     
  11. Greyone

    Greyone Registered User

    Sep 11, 2013
    389
    Male
    UK
    #11 Greyone, May 29, 2015
    Last edited: May 29, 2015
    We were advised against the H&W deputyship for that reason and i agree that two people cannot operate another persons finances with certainty and safety.
     
  12. marsaday

    marsaday Registered User

    Mar 2, 2012
    541
    I'm not sure whether you are saying that you don't trust your sister and/or that you don't want to be a deputy. I think if you voice concerns about your sister or about your ability to work together with the solicitor then your application may not be accepted. As part of the application you will both have to submit the name of a referee who will vouch for your good character.

    If the court thinks that there is any doubt over your ability to do the job, jointly or separately they can refuse and your mum's affairs could be put in control of the court. By the very act of applying through the court you are admitting that your mum is no longer capable and that someone must take over. So just be aware that this someone may not be yourselves. The court will try to judge who is best placed to do it and sometimes the family are not chosen.

    This is the last thing you want. There have been many reports in the newspapers of the courts mismanagement of individual's money. Money not invested well. Extortionate fees charged etc. This is what happens people who have no family available or willing to undertake the job. A solicitor can also be a appointed deputy but they will charge a hefty fee for the yearly admin.

    I think it would be much better if you and your sister can agree in advance and present a united front to the solicitor as he may have to take seriously your concerns and that may go against you. Unless you are prepared to put yourself forward as a lone applicant? Is that a possibility?

    Sorry if I have got the wrong end of the stick.
     
  13. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,499
    Female
    Near Southampton
    Is this new?
    When I applied for Deputyship I didn't have to do this and I didn't use a solicitor.
     
  14. marsaday

    marsaday Registered User

    Mar 2, 2012
    541
    Oh maybe I'm mistaken. I used a solicitor and did the application here in NI. Perhaps it's different here. There was a section on the form to put your referee. Sorry for any confusion caused.
     
  15. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,499
    Female
    Near Southampton
    Perhaps being Deputy for my husband made a difference but I can't see why. I could still have absconded with all his money - if he had any!
     
  16. Greyone

    Greyone Registered User

    Sep 11, 2013
    389
    Male
    UK
    Yes. We will have to sit down , discuss who does what, stick to it and put up a united front and it goes without saying that deep down i do trust my sister. I very much appreciate this is serious business that has to be conducted in a professional manner. Thanks for all your comments.
     
  17. Greyone

    Greyone Registered User

    Sep 11, 2013
    389
    Male
    UK
    I have just been surfing the COP pages on the GOV website. I have found many booklets about being a deputy and some of the paperwork that needs to be completed.
    It answers a lot of the questions arising in my mind.
     

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