Court Appointed Deputy (when LPA not possible)

Has anyone here been through the application procedure and become a Court Appointed Deputy when an LPA (Lasting Power of Attorney) was NOT an option?

I would be grateful for some insight into the realities of becoming a Deputy, the application procedure, and how a C.A.D differs (if at all) to the powers and responsibilities of an LPA. Also, if what you get at the end of it all is recognised by banks and other various authorities.

many thanks
If it sounds too good to be true, it probably is.

Replies

  • ErrataErrata Forumite
    38.2K Posts
    10,000 Posts Combo Breaker
    ✭✭✭✭✭
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • icecoolbabeicecoolbabe Forumite
    1.4K Posts
    Part of the Furniture 1,000 Posts Combo Breaker Mortgage-free Glee!
    ✭✭✭
    I'm working my way though it - and lots of other stuff.

    I was just wondering if anyone here had been through this and if they did it themselves or used a solicitor. Is a solicitor also necessary for person who will be looked after under the C.A.D?
    If it sounds too good to be true, it probably is.
  • dianasnandianasnan Forumite
    584 Posts
    Part of the Furniture 500 Posts
    ✭✭
    I am Deputy for Court of Protection for my Mum and so is my Husband for his Mum.

    My husband used a solicitor which cost about £800 plus the court fees (about £400) plus a bond to safeguard the Court against any loss (£175) but I used the wording from his application as my situation was identical so mine was cheaper. (you claim the money back from the accounts of the person you are looking after).

    The documents look a bit daunting as you have to notify a lot of interested people that you are applying for COP,just go through them methodically and its useful if you have access to a photocopier.

    I'ts the wording that is more tricky as you need to ask the Courts for permission to deal with the persons affairs for their benefit whilst they are incapacitated and need include everything that you might possibly need to do i.e sell their house for their benefit, continue making gifts to relatives on birthdays, Xmas and other significant occasions etc as it costs another £400 if you have to go back to the Courts for further permissions. Sorry can't give you exact wording as it would depend on your circumstances.

    Before you start you have to have a Doctor confirm why the person is not able to deal with their affairs for which there is a fee (about £100).

    We have no trouble with Banks etc accepting the court order just make sure that you have plenty of ID available.

    You will be acting as Deputy appointed by the High Court so you have to be able to justify everything you do and spend as it has to be for the benefit of their client whereas as a POA is something that the person has knowingly given you authority to act on their behalf and is not quite so regulated. Hope that makes sense.

    My application took 8 weeks from the time I applied to the time I had authority to act but it can take up to 5 months if they are really busy.
  • edited 25 December 2010 at 5:04PM
    icecoolbabeicecoolbabe Forumite
    1.4K Posts
    Part of the Furniture 1,000 Posts Combo Breaker Mortgage-free Glee!
    ✭✭✭
    edited 25 December 2010 at 5:04PM
    Thaks a lot for this Dianasnan. That's the sort of stuff I was looking for. I now have to go through this after Xmas is over with for my mum as she recently failed the capacity test. Apart from listing specifics that I know I would have to deal with, would they find it acceptable to have an additional bit that covered things you had not thought of but found out about afterwards - i.e along the lines of 'any other financial and health related issues' (maybe it canbe worded better than that but to save having to go back to Court).

    Also - did you have to attend a hearing?

    Edit - just thought of another question - which type of supervision are you under (if you don't mind my asking, if you do please ignore) and how often do they contact you for checking you are doing things as you should?
    If it sounds too good to be true, it probably is.
  • dianasnandianasnan Forumite
    584 Posts
    Part of the Furniture 500 Posts
    ✭✭
    I did not have to attend a hearing.

    I am type 2A which is what they tend to give all newly appointed Deputies.

    Since March I have been contacted once and that was due to me dealing with my Father's Estate as adminstrator on my Mother's behalf and them needing to know how probate was progressing as my Mum was the beneficiary. My Husband has type 2 and has never been contacted by them.

    As next of Kin for my Mum I did not need to apply for the health order only the financial one.

    regards:would they find it acceptable to have an additional bit that covered things you had not thought of but found out about afterwards - i.e along the lines of 'any other financial and health related issues' (maybe it canbe worded better than that but to save having to go back to Court). Sorry can't help on that but I would make a list of everything that you think you might need to do and put it down specifically on your application.

    If in doubt use a Solicitor as there is a fixed fee for this.
This discussion has been closed.
Latest MSE News and Guides