Chain and court of protection

lisyloo

I am selling a retirement flat on behalf of my MIL who does not have capacity and is permanently in a nursing home.

I sent an application for deputyship to the court of protection in May (after FIL died in April) and the application was issued 9/7. A court order was drafted 22/10 and is awaiting approval. I've emailed another chaser to the court but it's something like 10 working days for a response and they don't answer the phone much.



I am aware that once the order is approved that there are some further steps e.g. getting surety/security bond, but I'm not fully informed about how long these steps take.



We received an offer on 26/9 for the flat and we are now in a chain of 3 properties (4 parties). The middle property is having a survey today 15/11 and our buyer is awaiting information from the management company of the retirement flat (I'm told this is usually the hold up) but otherwise contracts and searches are all progressing well at all levels of the chain.

The estimate for exchange is anything from 3-8 weeks although obviously nothing will happen during the Xmas period.


Does anyone have any experience of dealing with the court and when I need to be raising a COP9 for an urgent order? It doesn't seem urgent yet, but I'm aware there are more steps in the process and that I don't have any knowedge of how long they take.
The court seem to be taking forever and some of the responses I've have such as "court next week" have turned out to be a fob off to just get me off the phone.


I have not yet consulted the solicitor about this and feel it's a little early but it would be nice to hear any advice on when I need to consider submitting COP9............and yes I am rather suprised I've been able to get this far without any proper legal authority.

xylophone

Had you seen this?

https://www.gov.uk/emergency-court-of-protection

Would they regard your need as "very urgent"?

lisyloo

Thanks. I don't think a house not selling would be a risk to the person, so I don't personally think it's an emergency.

It was actually the court personnell in one of their "fob-offs" who mentioned COP9.



This seems rather unfortunate that if all the other parties (3 of them) are unable to move because the court is so slow (applied 6 months ago).



But if there's nothing I can do then it's out of my hands.
I feel sorry for the other 3 parties.

xylophone

because the court is so slow

I am not surprised to hear this and don't think that it is anything new.

Astonishment results when the Court proceedings are speedy - I remember many years ago when I was buying my first property, the owner (whose affairs were in the hands of the CoP) died suddenly - my solicitor warned me to be ready for a long delay but in fact having begun the purchase end November I was able to complete in the following March so not too bad at all.