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    • davidplans
    • By davidplans 19th Sep 16, 8:00 PM
    • 29Posts
    • 3Thanks
    davidplans
    Court of Protection question.
    • #1
    • 19th Sep 16, 8:00 PM
    Court of Protection question. 19th Sep 16 at 8:00 PM
    I was recently on a section 3 in hospital and while there it was mentioned they are looking to get a Court of Protection over my finances because they think I'm spending my benefits inappriately. I have received a letter stating I must attended a meeting with my Psychiatrist about a 'Capacity Statement'. What does that mean?

    Does this sound like they're already made the decision and the statement part means they want my opinion on it?

    I used to have an Appointee which I fought to get annulled, is Court of Protection worse then an Appointee and what other implications can it have over my life ?

    Do I have to pay for the the order to be put in place out my own money?

    Can you appeal it?
Page 1
    • xylophone
    • By xylophone 19th Sep 16, 9:49 PM
    • 18,381 Posts
    • 10,294 Thanks
    xylophone
    • #2
    • 19th Sep 16, 9:49 PM
    • #2
    • 19th Sep 16, 9:49 PM
    they are looking to get a Court of Protection over my finances
    Who or what is "they"?

    As far as I understand it, if a person is considered to lack capacity to handle his own affairs, an application is made to the Court of Protection so that a Deputy can be appointed to act on his behalf.

    https://www.gov.uk/become-deputy/overview

    The would be Deputy submits an application accompanied by a "statement of capacity" from a qualified practitioner.

    http://wbus.westlaw.co.uk/forms/pdf/cpf09321.pdf
    • davidplans
    • By davidplans 19th Sep 16, 9:53 PM
    • 29 Posts
    • 3 Thanks
    davidplans
    • #3
    • 19th Sep 16, 9:53 PM
    • #3
    • 19th Sep 16, 9:53 PM
    The Psychiatrist is applying for the court of protection.
    • elsien
    • By elsien 19th Sep 16, 10:00 PM
    • 13,125 Posts
    • 31,604 Thanks
    elsien
    • #4
    • 19th Sep 16, 10:00 PM
    • #4
    • 19th Sep 16, 10:00 PM
    They can only apply to the court of protection if you are considered to lack capacity about financial decisions. The psychiatrist will be doing the assessment, from the sound of it.
    The starting point is a presumption of capacity and making unwise decisions does not mean that you lack capacity if you understand and accept the consequences.

    The functional test that should be used is:
    Do you understand the information relevant to the decision
    Can you retain the information
    Can you weigh up the pros and cons as part of the decision making process
    Can you communicate the decision.

    You might want to talk to a solicitor about your options. Have you had a tribunal solicitor you could go back to and run it past?

    eta- if it does go to the cop, I think you should have the right to object as part of the proceedings. You should be given information about how to do this - but that's further down the line and will depend on the outcome of the capacity assessment.

    Court of Protection fees can be mitigated for those on low incomes.
    Last edited by elsien; 19-09-2016 at 10:17 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • davidplans
    • By davidplans 19th Sep 16, 10:12 PM
    • 29 Posts
    • 3 Thanks
    davidplans
    • #5
    • 19th Sep 16, 10:12 PM
    • #5
    • 19th Sep 16, 10:12 PM
    I have to meet with Psychiatrist on Wednesday and all it said in letter was appointment for capacity statement. This coincides with social worker making a rare appearance tomorrow and I have a meeting with an advocate from PALS on Thursday which I didn't arrange and it's not about my community treatment order because I don't dispute that so god knows what's happening. No mention of solicitors at this stage
    • elsien
    • By elsien 19th Sep 16, 10:16 PM
    • 13,125 Posts
    • 31,604 Thanks
    elsien
    • #6
    • 19th Sep 16, 10:16 PM
    • #6
    • 19th Sep 16, 10:16 PM
    No, I just meant that if you know a friendly solicitor that you've used before for MHA stuff, they may be able to give you some advice or clarify the procedures for you on an informal basis. Some are more helpful like that than others so it does depend who you know and what they're like.

    If the psychiatrist assesses that you have financial capacity, then that'll probably be the end of it. Do you think things have changed in how you manage money since you left hospital? Sometimes people struggle more financially when they're unwell, but get back on track when their mental health improves, and this might be what the professionals are trying to assess.
    Last edited by elsien; 19-09-2016 at 10:22 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • sheramber
    • By sheramber 20th Sep 16, 1:08 PM
    • 2,511 Posts
    • 1,933 Thanks
    sheramber
    • #7
    • 20th Sep 16, 1:08 PM
    • #7
    • 20th Sep 16, 1:08 PM
    previous post

    http://forums.moneysavingexpert.com/showthread.php?p=71242573
    • davidplans
    • By davidplans 22nd Sep 16, 10:39 PM
    • 29 Posts
    • 3 Thanks
    davidplans
    • #8
    • 22nd Sep 16, 10:39 PM
    • #8
    • 22nd Sep 16, 10:39 PM
    Just wanted to let everybody know the I went to the meeting with the psychiatrist and the capacity statement was regarding my tribunal for my Community Treatment Order not Court of Protection
    Thank you everybody for your advice.
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