Court of protection

Savvy_Sue

Don't wait until you do need it, start the process now, then it may be ready when required.

Robinette

Savvy_Sue wrote: »

Don't wait until you do need it, start the process now, then it may be ready when required.

I don't think you can appoint someone as a deputy in advance, as the whole point is that it is a process you go through when someone lacks mental capacity. You can do a lasting power of attorney in advance, but this has to be done before mental capacity is lost.

Savvy_Sue

Robinette wrote: »

I don't think you can appoint someone as a deputy in advance, as the whole point is that it is a process you go through when someone lacks mental capacity. You can do a lasting power of attorney in advance, but this has to be done before mental capacity is lost.

but OP has already said Dad lacks capacity now. So starting the process now is not inappropriate, because it WILL take more than a few days. Waiting until it's desperately needed will mean a period when nothing can be done.

Robinette

Savvy_Sue wrote: »

but OP has already said Dad lacks capacity now. So starting the process now is not inappropriate, because it WILL take more than a few days. Waiting until it's desperately needed will mean a period when nothing can be done.

Sorry, I misinterpreted what you said. Completely agree that the process should be started before the need to have an order in place becomes urgent; from memory, I think it took at least six months from first speaking to a solicitor to having the order granted.

dibdabable

Yes I think as Savvy Sue says our idea is that we don't need it right now but can certainly see it being needed in the next 4/6 months so wanted to get ahead. Power of Attorney is definitely out of the question cos he has reached a point where for example he can't even discern between real life and people on the television, thinking that the people on TV are actually in the room with us. So obviously he wouldn't be deemed capable of making such a decision, hence our need to step in.

Thanks again everyone this has helped a lot.

dibdabable

Wanted to add to this query and ask, if anyone knows which forms need to be filled out if two people are applying to be Deputies. There are several forms and my brother has asked if we both need to fill al forms, but the responses seem to be a bit mixed, I'm sure we'll sort it out, but it would be great if someone has first hand knowledge. Thanks.

Mrs_Boo_Boo

My sister-in-law were joint deputies for my mum-in-law who had dementia. Tried to get power of attorney when she was still reasonably with it,but the solicitor wasn't convinced she was aware of the situation. Had no problems with Court of protection apart from the time taken and cost around £1000 (we went through solicitors). Yes we were not made aware of the acting seperately order and so were scuppered with getting money out the bank,although my sister-in-law was a bit luckier because she worked next to the bank and they knew her. No probs writing cheques or talking to companies.
Had to lodge finances and decision making evidence every year and we were visited by an officer who made sure everything was above board. Think this was due to her still owning a house which made the assets more.
My mum-in-law initially had to pay for her care,but then as she got worse was awarded continuing healthcare so the NHS footed the bill. You can get continuing healthcare for someone in their own home,but they have to be pretty bad to get it and you need to write the behaviour down. If your Dad is under the mental health team then they will know who to contact. You can still get Attendance Allowance.
Best of luck

Robinette

dibdabable wrote: »

Wanted to add to this query and ask, if anyone knows which forms need to be filled out if two people are applying to be Deputies. There are several forms and my brother has asked if we both need to fill al forms, but the responses seem to be a bit mixed, I'm sure we'll sort it out, but it would be great if someone has first hand knowledge. Thanks.

We used a solicitor, but I've just found this online:

6: Can more than one person be appointed deputy?
Yes. You will need to tell the court in section 5.2 of the COP1 (application form) if you are applying for an order appointing joint deputies (who must always act together), or joint and several deputies (where the deputies can act either individually or together) and the reason you think this is appropriate. Only one person needs to make the application (the applicant), but a separate COP4 (deputy’s declaration) must be completed by each proposed deputy.

RAS

If dad is incapable of making a decision on a POA now, you need to apply for deputyship pronto.

What the Court hates is people making decisions for someone who has lost capacity without the required authority. Even if they genuinely believe that the decision is in the best interests of the donor.

You would be ill-advised to make any decsion about moving him out of his current home until it is granted, unless the PTB force the issue.

dibdabable

RAS wrote: »

If dad is incapable of making a decision on a POA now, you need to apply for deputyship pronto.

What the Court hates is people making decisions for someone who has lost capacity without the required authority. Even if they genuinely believe that the decision is in the best interests of the donor.

You would be ill-advised to make any decsion about moving him out of his current home until it is granted, unless the PTB force the issue.

Thanks for this. I have actually wondered about the whole idea of simply moving Dad from his own home to a home which will provide him with care. It all seems a little too drastic without first gaining some form of permission. I guess people do do it though? It makes more sense that permission should be sought and I'd feel a lot better about it anyway.