Court of protection

3angel3

Hello,
I am wondering if anyone can help explain the rules etc of applying for court of protection or other ways accounts can be accessed when someone does not have the mental capacity.

Basically i have a family member who has dementia and it has recently been decided that he does not have mental capaity to deal with decisions himself so is going into a care home on respite until a best of interest meeting is held with all relevant organisations. We are now needing to access his santander account to pay for these respite fees however am i correct if he does not have the mental capacity make decisions that it would not be legal to take a third party letter to withdraw a cheque for these bills?

I looked into applying as a deputy but although my family member would qualify for fee exemption as there are no savings and he has housing/council tax etc paid for by the gov. The way i have read it they only take the applicants income which would mean it would be mine and means i am not exempt for paying the fee. £400 app fee and £500 hearing fee. i dont understand how this is the case when it is his affairs we are dealing with and not my own. Is this case or is there another way around this.

Aaargh this all so confusing as i have never had to deal with anything like this before. I didn't realise how much would be involved.

Thank you in advance for any help.

Savvy_Sue

I don't know about the fees, but as for accessing the account, are there any times of day when this relative is likely to be sufficiently compos mentis to sign something? You would have to take advice on this, obviously!

Biggles

If you take a look at the form and the notes, you will, I think, see that if the application is in relation to property and affairs you can recover the fee from the person concerned; this in turn means that you can claim full remission based on their circumstances, not yours.

http://www.hmcourts-service.gov.uk/courtfinder/forms/cop44_e.pdf

dzug1

A warning now - Santander are going to be a major headache. Look through other threads in this forum

pmlindyloo

Have a look at this: (www.adviceguide.org.uk)

Who can make decisions when someone loses mental capacity and there's no power of attorney?

You may need to make decisions for someone who has lost their mental capacity when there's no lasting power of attorney or enduring power of attorney.
Once the person has lost their mental capacity, it's no longer possible to make a power of attorney.

It is possible to apply to the Court of Protection for a decision to be made on a particular matter. However, if there is a continuing need to make decisions on the person's behalf, you can ask the Court of Protection to appoint you as a deputy. A deputy was previously known as a receiver.
A deputy is usually a family member or someone who knows the person well. A deputy can make decisions about someone's person’s personal welfare, property and financial affairs.
If there's no friend or family member who is suitable or willing to act as a deputy, the Court of Protection can appoint a professional from a panel.
Sometimes, two or more deputies are appointed. They can be asked to act together in all matters. Alternatively, they can be asked to act together and independently which means that they can act together but may also act independently if they wish.
If you are appointed as a deputy, you are entitled to have reasonable expenses paid, and may also be paid to carry out your duties.
You will have to be able to show the Office of the Public Guardian that you're acting in the best interests of the person who has lost their mental capacity. The Court can cancel your appointment if it decides that your appointment is no longer in the best interests of that person.
The Office of the Public Guardian will be responsible for supervising and supporting you.



and this:

Further information

Office of the Public Guardian

The Office of the Public Guardian is responsible for:

• registering lasting power of attorneys
• appointing and supervising deputies
• making sure an attorney or deputy is carrying out their duties properly
• dealing with complaints and objections about attorneys and deputies.

The Office of the Public Guardian's website has:

• information about making decisions for someone who lacks mental capacity
• detailed guidelines to help you work out whether someone lacks mental capacity
• a complete list of all application forms and guidance notes for lasting powers of attorney and enduring powers of attorney.

The contact details of the Office of the Public Guardian are:-
The Office of the Public Guardian
PO Box 15118
Birmingham
B16 6GX
Tel: 0845 330 2900
Textphone: 020 7664 7705
Fax: 0207 664 7551
E-mail: [EMAIL="customerservices@publicguardian.gsi.gov.uk"]customerservices@publicguardian.gsi.gov.uk[/EMAIL]
Website: www.publicguardian.gov.uk

I know someone who telephoned the office of Public Guardian and they were extremely helpful so give them a ring.

monkeyspanner

dzug1 wrote: »

A warning now - Santander are going to be a major headache. Look through other threads in this forum

Second that. Once you get appointed I recommend you change to a different bank Santander are difficult to deal with in this circumstance.

Payless_2

If you are going through the court of protection ensure that you list anything that you may need control of in the future too. The forms are lengthy and repetitive and if you need control of some other aspect that you have not entered onto the 1st application you have to do it all again and pay another fee. I had problems dealing with my Mum's insurers because of this.

Once upon a time the process was much simpler but now, to protect the vulnerable, they have made it hugely complicated It also takes up to 6 months