Dads Acquired Brain Injury

14wrence

Hi All,

My dad was diagnosed with encephalitis and the last 7 months have been a struggle.

He has now been left with an Acquired Brain Injury and can not work again, and has to go into a home.

It is therefore now left to us to apply for Universal Credit albeit for it all to go to Social Services, and a Court of Protection order. However the Court of protection order solicitors want £1000 at least and then there are the actual court fees.

Additionally I am not sure I can arrange Universal credit on his behalf.

Does anyone have any advice and has been through anything similar? Is their a cheaper way of doing court of protection? (not sure this is the correct thread) as we can't really afford it and the forms are far too complex when I printed off myself.

Crazydennie

You really need to speak to Adult Social Care or his allocated Social Worker. If he doesn't have one get one allocated via the duty team. For people lacking capacity, the paperwork for Court of Protection and mental capacity etc were completed by a Social Worker in connection with the legal dept in the local authority I used to work for.

xylophone

Your father is brain injured but does he lack capacity to grant LPA?

https://www.moneysavingexpert.com/family/power-of-attorney/

The Mental Capacity Act 2005 says a person is unable to make a decision if they can't do one of the following: understand information relevant to a decision; retain that information long enough to make the decision; use or weigh that information; or communicate the decision. Read more on the Act's definition of capacity.

calcotti

For Universal Credit you would need to apply to the DWP to be accepted as his appointee for benefit purposes.
https://www.gov.uk/become-appointee-for-someone-claiming-benefits
This is completely separate from Court of protection etc. and will not cost anything.

Note - you may also wish to look at Personal Independence Payment.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/