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Can I stop/object to a person becoming Deputy for Property and Affairs?

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Becoming Deputy for Property and Affairs for my Mother (96, alzheimer’s, no LPA)

The person applying is my brother, who I deem an inappropriate person.

I was informed by a Social Worker that the County Council were aware that my brother was applying for Deputy for Property and Affairs on behalf of his Mother.

I have very little knowledge/understanding to the implications of being a Deputy for property and Affairs, this I’ll confess. I’m panicking to a certain extent, maybe. However, it makes me shudder to think my brother could be in any position to ‘deputise’ anything of any importance of my Mothers. My brother couldn’t care less about my mother. I could give you many examples. So the thought of him pretending the opposite to authorities, and gaining some kind of power over my mother, leaves me in despair.

I’m the other son and love my mother very much, and care for her nearly 24/7.

My father sadly passed away nearly 3 weeks ago. I guess my Father was seen to oversee my Mothers affairs, up until that point.

It’s been put to me that I too should apply for the same Deputyship, so that we can both oversee Mums affairs. Previous to Dads death, it was put to me by Social Workers, that to resolve any potential disputes, regarding potential misappropriation of Mum and Dads wealth, etc, an accountant would be used who would be overseen by a solicitor.

I’ll be asking help from an accountant, any day soon, who’ll be sifting through all financials, to get on top of them.

Dads funeral hasn’t taken place yet, and Will hasn’t been read.

Is there an avenue available to object to my brothers application for deputyship? Or is nothing really to worry about?


Comments

  • Maskface
    Maskface Posts: 219 Forumite
    100 Posts Name Dropper
    What happened with your previous threads about this? You were given a lot of advice then, what was the outcome?
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I agree with Maskface above, it would be helpful to firstly understand what happened when you challenge the LPA last year. 
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  • elsien
    elsien Posts: 36,131 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 June 2022 at 9:22AM
    Notification is part of the process.

    Tell people named in your application

    The court will aim to send you a stamped copy of your application within a week of receiving it. This means your application is being considered (it has been ‘issued’). You’ll be sent a letter explaining what to do next.

    Within 14 days of the application being issued, you must tell (sometimes called ‘serving’) the following people:

    • the person you’re applying to be a deputy for
    • at least 3 people named in your application as having an interest, for example the person’s relatives, social worker or doctor

    If you cannot tell 3 people you should send in a witness statement (COP24).

    You need to read this. You also need to consider how 2 deputies who don’t trust each other can realistically work together in someone’s best interests. 

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


    However as others have said, the backstory here is particularly relevant. If the LPA has been overturned, but the LA still think your brother is a fit person then there a gap in there - otherwise I would expect the LA to be objecting to the application if they had financial safeguarding concerns. 

    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Keep_pedalling
    Keep_pedalling Posts: 20,961 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    If you are the one caring for her, why have you not applied for deputyship? 
  • elsien
    elsien Posts: 36,131 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You realise the initial post was in June? I expect any application has gone in by now.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Pollycat
    Pollycat Posts: 35,801 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    It's quite possible that there was a post above the one by Keep_pedalling that has been reported as 'spam' and auto deleted.

    TBH, I find necroposting very annoying.
  • Oh err! I don’t normally resurrect old threads like that, not sure how that happened.
  • If you have concerns then you can raise it with court of protection who will have to agree his application. You should be notified of his claim but just in case its sometimes best to reach out yourself 
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