Urgent Court of Protection Application help please - worried

Lozz

Hi All,

I am worried sick at the moment and hope someone can help.

The situation is I took my mum into hospital 3 weeks ago as I was worried about her mental state, 2 days later she was diagnosed with lung cancer with several secondary brain tumours which have affected all of her faculties. She is going to be fast tracked into a nursing home with an end of life care plan. We have been told she could contract an infection at any time which she wouldn't survive and no attempt will be made to ressucitate her if she has a heart attack.

I researched everything I have to do and was told to make an urgent Court of Protection application. I thought this would be routine but my application has been refused. Apparently a normal application can take up to 21 weeks, her consultant isn't confident she will even be here then

The hospital are asking me to sign all consent forms for medical procedures, I have to make all the decisions on her behalf and this is causing us real financial hardship, even over the last 2 weeks I have had to pay a £160 gas bill, spent £80 on nightclothes for her as she is doubly incontinent and still needs more, she has other bills that need paying and we just haven't got enough funds to cover it all. This is adding a lot of stress and worry at a time that is obviously horrendous enough and I am at my wit's end.

If anyone can give any advice I would be really grateful.

Lozz z

Savvy_Sue

I am so sorry to hear about your mum.

First, stop paying her bills. They are her debts, not yours. Any more which come, phone or write to the companies and explain that your mum is in hospital, unlikely to return home, and that you are unable to access her money.

If she rents her home and rent isn't being paid automatically in some way, do the same with them.

More nightwear while she's in hospital, talk to the hospital. I know it's not as nice, but they WILL be able to provide some.

See if there is someone at the hospital you can talk to about all this, either from MacMillan or a hospital social worker - I'm sure there will be someone and the ward should know who.

Hugs.

McKneff

Oh dear, you have enough to do dealing with the grief before it even happens.

Is you mum not able to write a letter to the bank to allow them to let you deal with her bills,

I am so sorry about your mum.

Lozz

Thank you so much both, Mum isn't able to make any decisions as the tumours have affected her brain too much. Her consultant has confirmed this in the medical form. I unfortunately can't stop her direct debits going out as I don't have the authority, and the bills that need paying by cash or cheque we are trying to cover at the moment.

I just really don't understand why the Court of Protection won't grant us an emergency application, she has direct debits for rent, council tax and utilities that she unfortunately won't ever need again

Thank you both again x

Lozz x

Savvy_Sue

Well, unless I'm missing something, I'd say again that you don't try to cover her bills. Write and say what's happened - and state that these are her bills which you are currently unable to pay. And I'd write from her address too, as you don't want companies who want to make an issue of it knowing your address!

Lozz

I do understand what you are saying Sue, it's just Mum's never been in debt to anyone and she's brought me up the same way, it's always been the case if there is a bill to pay it gets paid so that's what we have been trying to do.

I know the hospital provide nightclothes but they have said patients feel better in their own stuff and it seems heartless to me that she has to sit in hospital clothing when she has the money to provide her own, but I'm not allowed to access it to make her more comfortable. I have spoken to the bank and Barclaycard who are about to take £90 for some sort of protection but they won't speak to me as I'm not my mum.

The medical consent issue is also worrying me, I have to make decisions in the next couple of weeks and the hospital are asking me to sign everything as it is as Mum isn't capable, the hospital are telling me I have to sign these forms but the Court of Protection won't consider an urgent application that actually gives me the authority to do so.

Lozz x

BlondBoy

Lozz

Sorry to hear what you and your Mum are going through - toughest of times.

In terms of medical consent, you don't need to go through the Court of Protection to do that. The doctors will make the decisions they think are best for your mum, but you may be asked for your opinion.

Given it sounds like your mum is very poorly now, the doctors will focus on keeping her as comfortable as possible, and with a bit of luck you may get some help from a local hospice too.

It's unlikely you'll be asked to make decisions that require you to have some form of legal authority. The doctors will advise on what they think is in your mum's best interests (like the decision not to attempt resuscitation - as it would be unlikely to be successful and prolong her suffering).

You may have to make some tough decisions (e.g. if she does get a chest infection, you may be asked if you want it to be treated or let it run its course). But the doctors should advise you on their view on what's best for your mum, hard as it will be. You don't need authority from the Court of Protection to agree with the doctor's recommendations.

On the financial side, as Sue says, try to chat with a Macmillan nurse or social worker in the hospital. They may be able to find ways to help, whether that be fast-tracking an application for benefits (that you could access on her behalf) or, perhaps, some short term financial help that you could pay back later.

Wishing you the very best




Chris

Lozz

Hi Chris,

Many thanks for that info, that has helped a lot. Mum's Doctor has already said if she contracts an infection they would only do what they can to keep her comfortable. She has also been assigned a pallative care nurse and a complex case manager so I will have a chat with them.

Mum's not entitled to any benefits as her pensions are too high, it just seems ridiculous that she has money going into the bank that can't be accessed until she isn't here anymore, when she has needs now, so your idea of a short term loan seems the way forward.

I am also going to take Sue's advice and write to everyone explaining the situation and see what happens from there.

Again many thanks for all your help.

Lozz x

NeverEnough

Lozz so sorry to hear of the trauma you are going through. There has been some good advice on here particularly to write to creditors about your mum's situation. Basically, its not that they won't be paid, just a delay in accessing the funds from which to pay them, so they will get their money.

I am puzzled as to the COPs refusal, I am a hospital consultant myself and sometimes have to complete these applications for patients as their doctor, and it is generally done quickly when it needs to be, but I am involved in Mental Health matters and the process is slightly different. Does your mum have a complex care manager / palliative care consultant? They could advise on the fast track COP process, it sounds like a misunderstanding earlier.

Best wishes in a difficult time and hope that end of life care provides relief and a peaceful passing for your mum.

pmlindyloo

Lozz wrote: »

Hi All,

I am worried sick at the moment and hope someone can help.

The situation is I took my mum into hospital 3 weeks ago as I was worried about her mental state, 2 days later she was diagnosed with lung cancer with several secondary brain tumours which have affected all of her faculties. She is going to be fast tracked into a nursing home with an end of life care plan. We have been told she could contract an infection at any time which she wouldn't survive and no attempt will be made to ressucitate her if she has a heart attack.

I researched everything I have to do and was told to make an urgent Court of Protection application. I thought this would be routine but my application has been refused. Apparently a normal application can take up to 21 weeks, her consultant isn't confident she will even be here then

The hospital are asking me to sign all consent forms for medical procedures, I have to make all the decisions on her behalf and this is causing us real financial hardship, even over the last 2 weeks I have had to pay a £160 gas bill, spent £80 on nightclothes for her as she is doubly incontinent and still needs more, she has other bills that need paying and we just haven't got enough funds to cover it all. This is adding a lot of stress and worry at a time that is obviously horrendous enough and I am at my wit's end.

If anyone can give any advice I would be really grateful.

Lozz z

Why was your application refused?

Have you tried calling these people?

http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/DG_176267

Lozz

Hi Neverenough,

Thank you for your message. Luckily my mum doesn't have any creditors but it's going forward from here that we are more worried about, she needs personal items like nightwear as she is going through several sets a day and things for when she goes into nursing care, and paying bills that come in. Plus of course nobody will deal with me as I don't have the authority. She's about to have nearly £90 added to her cleared Barclaycard account for 3 year payment protection insurance!

I was very surprised at the COP's decision as well, in this situation I thought it would be routine. Mum's consultant certainly didn't think it would be a problem. She does have a complex case manager and a pallative care nurse so I will definitely have a chat with them, plus will speak to her consultant's secretary tomorrow. I really hope you are right and it is just a misunderstanding.

Thanks for your message, I am really grateful.

Lozz x