Court of Protection Refund

shopaholic6987

Hi,

Just looking for a bit of advice regarding the Court of Protection. I helped my mother apply for Court of Protection for my grandmother. After filling out all the forms and sent £400, the court made the order on the 19th September. We received the letter and that was dated on the 17th October. My grandmother passed away on the 21st October so we didn't end up having to use it.

I had a looked on the Gov website and it states "You can claim back the fee from the funds of the person you want to be a deputy for if you're applying to be a property and affairs deputy. The fee will be refunded if the person dies within 5 days of the Court of Protection receiving the application."

Does anyone think we have a chance of getting a refund considering we waited a month to receive approval and that we didn't use it as she passed away the day after we received the letter.

Any help would be most grateful.
Thanks

Keep_pedalling

Afraid not, this is one of the issues when these things are left beyond the point of being able to apply for an LPA. The fee is to cover the courts costs and those costs have been incurred.

If not already done now is the time for your mother and yourself to get your own LPAs in place, especially the finance one.

lisyloo

this is one of the issues when these things are left beyond the point of being able to apply for an LPA

Unfortunately some people will not agree.
My MIL was the sort that always wanted to retain control but has now lost capacity. Nothing we could do if she wouldn't agree.

Keep_pedalling

lisyloo wrote: »

Unfortunately some people will not agree.
My MIL was the sort that always wanted to retain control but has now lost capacity. Nothing we could do if she wouldn't agree.

I had great difficulty persuading my mother to do one. We never got health and welfare done because she would not talk about it, but without the finance one in place my life would have been very difficult over the last few years.

For my mum it was not about control but simply not wanting to face up to the fact that her health was fading or of her own mortality.

Margot123

Keep_pedalling wrote: »

I had great difficulty persuading my mother to do one. We never got health and welfare done because she would not talk about it, but without the finance one in place my life would have been very difficult over the last few years.

For my mum it was not about control but simply not wanting to face up to the fact that her health was fading or of her own mortality.

This is the part of the role that is very rarely talked about.

We had the same issue but the finance one with my Dad; he refused to speak to the solicitor even though he had made an appointment with him a home visit.

Eventually, we almost came to blows over it, and only then did he realise that the LPA had to be done for his own sake. Bills were piling up, and he wasn't paying them. Ignorance was bliss, as they say, until the bailiffs come knocking!