Understanding the legal aspects of Deputy for Property & Finances

Discussion in 'Legal and financial issues' started by JRB9019, Mar 6, 2015.

  1. JRB9019

    JRB9019 Registered User

    Mar 6, 2015
    4
    Hello

    I'm in the middle of registering to become a Deputy for Property & Finances to the Court of Protection.

    I know that that to complete the registration I have to fill and send the forms COP001 and COP001A. As I do not have access to the persons financial details that are needed to complete the COP001A, I have to now complete a COP009 and send that off with the COP001 to get the required details, which (assuming I am given them) I can then use to complete the paperwork.

    OK. My question is: why is it that someone (me in this case) can request anyone, (and presumably be granted) to give me full access to all of a person's financial details, including NI number, Social Security details, property, share details etc. etc.
    BEFORE any full approval process has been completed?

    If this is indeed the case, then surely, PERSON A (the applicatant) can gain lots of confidential details about PERSON B - and if the approval for PERSON A is declined for whatever reason, that person still has these financial details. That doesn't make sense!

    Can someone please explain the legal aspects of this please so that I can put my mind at rest BEFORE I send off the relevant forms.

    Many thanks
     
  2. min88cat

    min88cat Registered User

    Apr 6, 2010
    581
    Hi JRB, sorry I don't know the answer to your question, but you may get a better response from the"Legal and Financial" part of TP - there will be more people around on that section, with loads of experience who will be able to help.
     
  3. canary

    canary Registered User

    Feb 25, 2014
    10,786
    Female
    South coast
    I have just done CoP for my mum and the court has to know what the finances of that person actually is. So they have know how much their home is worth and how much money they have in all accounts. However, its a catch 22 situation - you cant find out what money they have in the bank without POA or CoP, but you need this information in order to get it :confused:

    The answer is that you send a form which says that you are applying for CoP, so the answer is required. OK, its not perfect, but its difficult to see how else they could do it.
     
  4. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,498
    Female
    Near Southampton
    In order to ensure that you will be fulfilling the duties of Deputy, theCoP need to know the financial situation at the start of your Deputyship.
    This will then be handed to the OPG who will be overseeing your tenure as the Deputy. They will want an annual report completed which will explain all income and expenditure for each year, starting from the date your deputyship begins.
    Without the initial statement, this would be impossible.
    It is the Court who has the power of attourney, you will be simply deputizing for the court, so I think this is why it is as it is.
     
  5. JRB9019

    JRB9019 Registered User

    Mar 6, 2015
    4
    Thanks Saffie - your response makes sense - I just feel a little uncomfortable until I really understand, and at present cannot afford any legal help for someone to really go through all of this!!
     
  6. JRB9019

    JRB9019 Registered User

    Mar 6, 2015
    4
    Thanks for the advice - I'll go and hunt them out!!
     
  7. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,498
    Female
    Near Southampton
    It does seem so onerous at the start but it does work out OK in the end.
    I was Deputy for my husband and, although I obviously knew the financial situation from the start so didn't have your question about this, I had others but managed to do the whole thing myself - with the occasional help of the lady at the other end of the phone at the CoP! Best of luck.
     
  8. JRB9019

    JRB9019 Registered User

    Mar 6, 2015
    4
    Hi Saffie.
    Thanks for your interesting response.

    So there really is a person at the end of the phone at the COP?
    I must have rung 4-5 times a day, letting the phone ring 10-15 minutes at a time over the last few days and have still not had anyone answer the phone.

    This is really frustrating, as any documenation I come across that begins to answer the hundreds of questions I have always end up stating "If you need more help call COP"............... Hmmmm, Catch22 I feel..
     
  9. Saffie

    Saffie Registered User

    Mar 26, 2011
    22,498
    Female
    Near Southampton
    I know that others have said this and yes, sometimes I couldn't get through. It just shows how many people get flumuxed by these forms I guess!
    However I often did manage it and the lady I spoke to was always extremely helpful.

    I had the added complication of having a buyer for our little holiday chalet and is was this that drove me to seek Deputyship. So I needed to appoint a Trustee to act for my husband in the sale which involved such things as witness statements and evidence, just as with any court case.
    This was the area I mainly needed help and by the end the CoP telephone lady and I were on pretty friendly terms!
    Good luck.
     

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