Varying a COP deputy order?

[Steevjo]

I've recently been appointed a deputy for my dad. When I applied he was living at home with 4 care visits a day. But by the time I became a deputy he had had to go into a care home.

The deputy order specifically excludes me selling his house which I'm going to need to do in the next year or so to continue to pay his care fees - he is self funding and a widower.

Do i have to do the whole COP application process again to get the order amended or is there some kind of simpler procedure hopefully costing less?

Thanks for any and all advice

 

[jenniferpa]

I think you have to apply again to the court. I would say your best bet is to call their helpline

Phone number: 0300 456 0300 - Phone lines are open Monday - Friday 9am - 5pm (Except Wednesday 10am - 5pm)

This is where to download the leaflet that explains how to apply to the COP (and which is referenced in the Guide for deputies as COP42) http://hmctscourtfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=2698

The implication from what I have read is that yes, you'll be paying another £400 fee.

 

[2jays]

I think..... Some one will be along no doubt to correct me but I think.....

You can get care home fees paid by council by arranging a 12 week disregard and then deferred payments until house is sold. I'm not sure if there is a time limit on the deferred payment bit - but it could possibly be until The house is sold when your father died. Not 100% sure.

You may need to contact To get your deputy "upgraded" I'm sure social services have come across this before, but they may not necessarily know the full rules. Perhaps best to contact The COP for advice, or the citizens advice, or even Alzheimer's help line and speak to someone, rather than send an email.

I am in the process of doing this (deferred payments) for mum (but I do have POA) and any top ups will be added to the "loan" and only need paying back once the house is sold - they did try to get ME to pay the top up, but I point blank refused to do so, and the council are unable to move mum to a "better in their opinion" care home.

Hope some one else with better advice will be along soon

 

[Saffie]

Do I have to do the whole COP application process again to get the order amended or is there some kind of simpler procedure hopefully costing less?

Well, not the whole process exactly but Jennifer is right, you will have to pay the same fee over again as it is another decision the Court have to make. I had to pay this and do this in order to sell a holday chalet I owned jointly with my husband. I also had to appoint a Trustee to represent my husband but that probably won't be necessary for your application. It will also take a few months for permission to be granted.

 

[Steevjo]

Yes that's what I was afraid of.

I will raise the matter with the OPG - they are supposed to be arranging a meeting as part of their support for new deputies.

I idly wonder what happens if I do nothing - Dad's cash gets to a point where the LA gets involved and they say 'oh but he has a house, you have to sell it'. I say I can't. Doesn't sound like 'acting in Dad's best interests' I guess.

Cant face the thought of all that form filling again just yet though.

 

[Saffie]

I'm afraif they'll get the money owing one way or another eventually. As 2jays has said, they'll place a deferral notice on the fees until such time as the house is sold. You have the option of renting the house out though if the rental will be enough to pay the home fees, alongside your father's pensions etc. plus AA.

 

[Steevjo]

Had a quick look into renting. One months gross rent will pay one week care home fees!

And then there's the deductions-agents fees, income tax and the several thousand we'd need to spend on the house.

Also definitely not looking forward to having to tell Dad that the house he built (couldn't afford to buy - it was getting on for 60 years ago) will have to be sold to pay his care home fees.

The bright note is that at least the care home is great and Dad is gaining weight for the first time in three years.

 

[Saffie]

Don't forget, he'll have his pension and Attendance Allowance which can go towards it too. However, renting is an ongoing hassle I know.

 

[Egeon]

Don't forget, he'll have his pension and Attendance Allowance which can go towards it too. However, renting is an ongoing hassle I know.

I didn't think AA was paid in a care home

 

[jenniferpa]

I didn't think AA was paid in a care home

It is if you are self-funding. And a person with a home to sell will be considered self-funding (after the possible 12 week disregard).

 

[Egeon]

It is if you are self-funding. And a person with a home to sell will be considered self-funding (after the possible 12 week disregard).

Ah I see, thank you. So many rules and twists amongst them!