Court of Protection- Deputies

javajim

My wife and I have been asked by Doctors and Social Security if we would be willing to look after a friends well being. To be deputies. Her husband died in October and she is suffering with dementia and is in care.
Has any one had experience of this? Is there anything to be wary about?
Thanks in advance.

Savvy_Sue

I haven't had experience, but the obvious thing to be wary about is that you would be responsible for this lady's finances, and must be able to show that any decisions you've made were reasonable.

That's especially important if there's anyone else - perhaps particularly family - who feel either that THEY should have been asked, OR that you are spending their inheritance unnecessarily.

Is there family? If not, I'd say it was a lovely caring thing to do. If there is family lurking, it might still be a great kindness to this lady, but you might want to ask more questions and make sure you're not going to get a deal of bad feeling from family.

Norma_Desmond

My Mum is deputy (through the Court of Protection) to my Dad who has advanced dementia.
It's a very long drawn out and quite intrusive procedure and all actual relatives do have to be contacted for their agreement (or otherwise).
It's also quite expensive and Mum will have to pay a hefty yearly insurance premium too.
I'm afraid I would be a little wary and just wish that we'd managed to get Power of Attorney instead, when Dad was more capable.....he got ill very fast and we couldn't implement it.

beaujolais-nouveau

javajim wrote: »

My wife and I have been asked by Doctors and Social Security if we would be willing to look after a friends well being. To be deputies. Her husband died in October and she is suffering with dementia and is in care.
Has any one had experience of this? Is there anything to be wary about?
Thanks in advance.

There is an information pack you can ask to have sent to you from the Office of the Public Guardian.

Errata

This is the booklet giving info and details of Deputies duties

http://www.publicguardian.gov.uk/docs/OPG510-0409-1.pdf

shirlgirl2004

I am a joint deputy for a relative. The costs involved are an application to the court and insurance (in case you run off with the person's money). These costs come from the money belonging to the person to whom the application relates. There are 2 forms of Deputy one is for financial affairs and the other is for health and welfare.

The application form is quite daunting and we found solicitors weren't interested in helping (and not many know about it). In reality you can just fill it in as any layperson would. One important issue is that you must include everything in the application that you would want to do. So if you decide her house needs to be sold you must include it. If you think there may be insurance policies to claim from you need to include it. Anything not included may require another application at £450 or whatever it is.

It has to be said the Court Of Protection are useless. They work incredibly slowly and don't update their notes etc. Once appointed you have to produce yearly accounts and justify the decisions you have made.

Certainly for us it has been a lot of work but then the case my joint deputy and I have taken on is a complex one. There is a business involved as well as personal financial affairs. Only take it on if you have the time to spend on it. Additionally you would be expected to visit the individual in her care home regularly to update her on what you are doing and ask if she has opinions. I know she has dementia but to the COP that doesn't make a difference.

I hope my info helps and if I can be of further help just ask.

javajim

Thank you all for your answers.
We are in two minds as what to do, as the whole thing seems quite involved.

javajim

Has any one else have any views ??

Willman_Rodders

I am presently helping a client apply to become a deputy for her disabled daughter. The application process is comprehensive, time consuming and [as Norma Desmond says] intrusive. The process is also long; the Court of Protection advise it is 21 weeks from submission of the application before they formally assess your application - and that is assuming you have supplied all the required information to get past the initial checking stage. If you fail at the initial check stage then your documents will be sent back to you much sooner, and you will then need to reapply.

Accepting the role is, in my opinion, a risky affair. You will be accountable to the Court of Protection. You may also be open to challenge by your friend's family - especially if they feel that by your decissions you have eroded what would otherwise have been their inheritance when your friend dies.

The Court of Protection can/will appoint a deputy in the absence of a family member/friend accepting the role. From a recent conversation I had with our local Social Services department I understand Social Services can apply themselves, in cases of last resort. (But how correct this is, and how it works, I do not know.) - but if that is the case then could that be a better option for you?

My father is in care, with severe dementia. My mother (who is his attorney under an EPA, as opposed to his deputy) sees him on a regular basis, but that is only part of the story. She has to deal with Social Services correspondence, attend meetings, and more. Looking after dad's affairs takes up much more time than we expected.

Finally, can I ask, how well did you know your friend? How confident are you that you can make the 'right' decisions for her? Have you read the publications errata and beaujolais-nouveau suggested? Are you aware of the Mental Capacity Act 2005, and all its implications?

I hope the above gives you additional 'food for thought' that helps you make the right decision.

EdInvestor

This new system seems to have a lot of downsides.Is it actually 'fit for purpose'? Was it set up after a period of public consultation, or is it a wholly bureaucratic/Govt effort?

If it is too risky/complex/time consuming/baffling for the general public to manage, should action be taken to change it?

Should it be part of the political process currently under way related to funding the costs of care?

Savvy_Sue

FWIW, I'd be a lot happier doing it for a friend if there wasn't going to be family breathing down my neck worrying about their inheritance.

If there WAS going to be family, I'd ask why they weren't doing it themselves!