Power of Attorney/Deputyship

Murphybear

I’m hoping someone can help

My brother is in a care home with dementia.  His wife was managing his affairs but sadly she had a stroke and died a few days later.  

I have been contacted by his social worker who is wanting someone to have power of attorney.  I have agreed but it seems that to do that the patient has to request it and understand what it involves.  My brothers dementia is too advanced for that. I understand I have to become a Deputy instead and there is a difference as the courts get involved with it.  

I am about to apply but am hoping someone on here may have some experience they could offer me.  We’ve been told it can take 6-8 months to set up.

Thanks for reading 

Ms_Chocaholic

Do you understand the cost of getting Deputyship for your brother . I understand it's a long drawn out process that can take a considerable period of time.  I'm aware that Councils have a team that will act in the best interests of people such as your brother,  sorry I can't remember the name of the Team at the moment, I'm sure it'll come to me soon, would they not take this on?

In the meantime, do you have a POA?  If not please sort this out as soon as you can, you can easily do this yourself without involving solicitors.

Ms_Chocaholic

The Team at the Council are called the Court of Protection Team.

elsien

Ms_Chocaholic said:

Do you understand the cost of getting Deputyship for your brother . I understand it's a long drawn out process that can take a considerable period of time.  I'm aware that Councils have a team that will act in the best interests of people such as your brother,  sorry I can't remember the name of the Team at the moment, I'm sure it'll come to me soon, would they not take this on?

In the meantime, do you have a POA?  If not please sort this out as soon as you can, you can easily do this yourself without involving solicitors.

There is no obligation on the OP to apply for deputyship if they do not wish to do so. it does vary between local authorities - mine  do not offer a direct service and would not make a deputyship application. Instead the legal team liaise with an accredited solicitor to be a professional deputy if needed. Social worker has to refer, but aside from providing capacity evidence that is the limit of their involvement.

The information that you need is on the OPG website. you will need the social worker to get involved to confirm that he lacks capacity around finances. I have never tried to apply myself, but 6 to 8 months would in the past have been quite a hopeful estimate of how long it might take. 

I do know that some people get a solicitor to help with the application – obviously there is a cost of the estate which you would presumably recoup from his assets in due course. There is also a higher level of scrutiny with a deputyship than there is with the power of attorney so you need to be able to that little bit more careful about the record that you keep.
Has he got a property to sell or other assets because for people with no assets who just have benefit a deputyship is not worth it because there is a regular fee. 

Have a look at page 19 onwards in here. 

https://www.ageuk.org.uk/siteassets/documents/factsheets/fs22_arranging_for_someone_to_make_decisions_on_your_behalf_fcs.pdf

elsien

I think I may also have mentioned this before, but in the absence of an LPA, without the deputyship no one can access his bank account. But in the meantime, you can apply to be his appointee with the department of work and pensions and that is quicker and will give him some spending money while other things go through. . 

badmemory

This is probably a silly question but are you sure there is not already a POA in place, with his wife in place first & you as back-up.

elsien

The OP would have  had to sign the LPA to agree to it so I’m fairly sure they would know if there was one.

badmemory

I was just thinking it may have been years earlier.

Murphybear

Thanks everyone for your comments, they are very helpful.  

I haven’t had a POA, I don’t know if my SIL had one.   We had a meeting with me, my SIL’s brother, my brothers social worker and a council member of staff to decide how to handle everything.  The brother has been to the house and brought back a big box of papers, I am hoping that everything relevant has been found.  Sadly it appears that the house is in a bit of a state, there are rats and overgrown gardens back and front which the council are sorting out.  I think my SIL had gone downhill physically and mentally since my brother has had dementia. 

I know I don’t  have to be Deputy but I want to as it’s really the last thing I can do for him.   We are the only family members left now.  My husband and I ran our own business before we retired and I did all the admin and accounts so I have some relevant experience.  His social workers manager has agreed that she will carry on managing his case until the Deputyship is sorted out.  

Thanks again 

MB