Court Of Protection

pothole50

My wife lost her father last year and we managed to sort out his finances and get them paid into her mums account. But her mum has been diagnosed with unspecified diamentia. She refuses any sort of help from carers and Age UK we have been going down four nights a week to sort out her food and keep her company. The welfare have been in but there is nothing they can do if she refuses help. My wife has concerns now and thinks her dementia is getting worse, and she has developed shingles which she hid from my wife until the pain became unbearable, she is now receiving treatment and all we get from the doctor, welfare and nurses is she needs care, but she refuses any help and just depends on us.
The nurses suggested we get Power of Attorney but it’s past that now as although she makes her own decisions or just refuses help she has been diagnosed with dementia and I think that route would be a waste of time, so we need to go for Court of Protection could someone give us some pointers as to the best way to go about it, we did speak to a solicitor back in March but they wanted a fee of £1000 plus £400 court cost and I believe there is an annual fee as well.

Browntoa

https://www.gov.uk/become-deputy

Browntoa

https://www.gov.uk/become-deputy/fees

Fees are above

Be warned that it is not a quick process

Margot123

Is there a local carer's charity who could help you? Perhaps the CAB may also be able to point you in the right direction.
Very often the health and welfare of an individual can be delegated to next of kin without the formalities. I had POA for my Dad's finances, and found that when it came to his care needs, I was the one that made the ultimate decisions despite not having a health & welfare POA.

Yorkshireman99

pothole50 wrote: »

My wife lost her father last year and we managed to sort out his finances and get them paid into her mums account. But her mum has been diagnosed with unspecified diamentia. She refuses any sort of help from carers and Age UK we have been going down four nights a week to sort out her food and keep her company. The welfare have been in but there is nothing they can do if she refuses help. My wife has concerns now and thinks her dementia is getting worse, and she has developed shingles which she hid from my wife until the pain became unbearable, she is now receiving treatment and all we get from the doctor, welfare and nurses is she needs care, but she refuses any help and just depends on us.
The nurses suggested we get Power of Attorney but it’s past that now as although she makes her own decisions or just refuses help she has been diagnosed with dementia and I think that route would be a waste of time, so we need to go for Court of Protection could someone give us some pointers as to the best way to go about it, we did speak to a solicitor back in March but they wanted a fee of £1000 plus £400 court cost and I believe there is an annual fee as well.

You don't need a solicitor to apply so there is a big cost saving. There is no way round the COP fees except for those who are not well off. As other have said it is not a quick process.

troubleinparadise

A diagnosis of dementia does not mean that a person does not have the capacity to understand the granting of attorneyship, and an LPA can be set up if understanding is present at that moment.

Yorkshireman99

troubleinparadise wrote: »

A diagnosis of dementia does not mean that a person does not have the capacity to understand the granting of attorneyship, and an LPA can be set up if understanding is present at that moment.

In theory yes. Howver, given what the OP has said it is unlikely that a solicitor will consider her to have capacity.

troubleinparadise

Yorkshireman99 wrote: »

In theory yes. Howver, given what the OP has siad it is unlikely that a solicitor will consider to have capacity.

No, probably not - and in this situation I suspect the OP’s MIL will not agree to an LPA either. A difficult situation, but not altogether uncommon.