Court of Protection

[ThatDaringMintCritic]

A very good friend is currently being held in a restricted care facility awaiting an assessment of his needs. He has no living family and has been very resistant to any support. Things came to a head after he was found lost late at night and admitted to hospital. Another friend suggested going down the Court of Protection Deputy route. I've no experience of this and have found dealing with social services very frustrating. Has anyone who has done this be willing to share their experiences - good or bad. I'm not sure if it would be a sensible thing to do or not.

To apply for COP you would require evidence yr friend lacks mental capacity.

there are differences eg health, housing, financial

there is a cost and it’s time consuming

what do you hope to gain?

if friend is assessed as lacking capacity around where to live, SS will make the decision based on best interest.

friend sounds like there are in a safe place, can you visit?

assessments take time, COP longer still.

Thanks - I want to be sure he is safe above all. He was diagnosed with dementia in hospital - we found out this was the second time he had been admitted. We are in a half way house. Being involved by social services yet not being next of kin which is quite an uncomfortable place to be. The care home said he has a temporary placement there. I don't know what's best. That's why I'm asking if anyone has been through this process.

Do you want to make yourself responsible for him?

Applying to the court of protection to get control of someone's finances is what people do if their loved one has not made an LPA and irreversibly lacks capacity to do so. It gives the same power over finances as if he'd made you LPA but the court does not grant welfare deputies usually only finances. It's a lot of responsibility and can cause conflict with the person.

Social care are probably consulting you in best interest decisions that they are making because you are close friends and he has no family I assume.

Personally I would just be a friend and not get legally involved. Social care and health have processes to make decisions for people who lack capacity I would just let that play out.

It's a nightmare. Don't do it unless for a parent or other close relative

As this is a friend rather than a close family member/partner, I would definitely leave it to Social Services.

Thanks everyone - that is really helpful.

I'd agree with this.

My DH had to do CoP for his DM. It's not easy and very costly.
I didn't want to be in the same position for my DP so they've now arranged LPAs.
Don't do it! Leave it to social services.