Does anyone have experience in setting up deputyship?

[nerfqueen]

My mum has just moved into a nursing home as she is unable to care for herself. She was living in very sheltered housing where carers did everything for her. I set all her bills up on DD / SO, the only thing i needed to do was get her small weekly shop and any clothes etc she needed. This was done by me via an online shop with mums permission.

Her social worker has asked that i apply for deputyship with regards to mums money as her mental capacity to consent is declining (altho probably 70% of the time she is properly aware). An LPA would be easier to set up but we have no witness available to sign, mums carers etc couldnt do it and she has no close friends (who are capable) of doing this.

Ive looked online about deputyship, it seems very confusing and the initial outlay is £400+ and £200+ if it goes to a court hearing. Plus there is a yearly fee. I havent got that amount of money to apply for deputyship.

I guess my questions are:
Can a family member witness an LPA (online answers vary)? Eg my husband / her son in law
Can mums money be used to pay the deputyship costs?
What happens if i do nothing? Who takes over looking after mums finances?

Just to add, she does not own any property. Her money is about £16k in total.

Join the Facebook group Safeguarding Futures. It's run by very knowledgeable people who will have good advice.

Yes I think it can be paid for out of your mums money.

Could her social worker not sign the LPA paperwork as a witness?

Deputyship is a nightmare. If she still has capacity to consent to a LPA then do try to go down that route. Can someone in the solicitors office be the witness?

Thanks for the quick responses.

I have joined that facebook group, it is currently pending.

I was of the understanding a LPA witness needed to have known my mum for 2 years, the social worker has only been about for the last 8 months.

I didnt know a solicitor could witness an LPA, i will look into that.

I agree, deputyship seems to be a nightmare, im feeling a bit lost with it all

My sister has deputyship for my mum (basically because mum wouldn't do LPA) it's expensive, yes you can claim it back but have to do the outlay first. Social worker has to provide specific assessment paperwork otherwise the office of public guardian will return the application. It's more involved than LPA as you have to show in detail each year what the person's money has been spent on and that it's been spent on the person specifically. It's a pain but we didn't really have any other option as mum had advanced dementia but was still stating she was fine and we could all f off.
If you don't want to do it then social services will apply to take over her affairs and the administration side falls to the office of public guardian, I honestly don't know if there's financial contributions this way round but they would come directly from your mum's account anyway. Check with the social worker because if they are suggesting deputyship it sounds like the window of opportunity for LPA has gone. Deputyship is also taking around 8 months to actually process.

@nerfqueen The 2 years requirement is if you are using a layperson as certificate provider. It doesn't apply if you have a professional do it. They would do their own capacity assessment

If you can, go for an LPA, not a deputyship. Deputyships are more expensive to set up, have ongoing costs, require a court order and come with (onourous) annual reporting requirements.

If your mum has capacity 70% of the time, then you discuss the LPA and get it signed during that 70%. Pick your time carefully. Eg: is she more aware in the morning and when she's comfortable in her own space.

As she has fluctuating capacity, I would recommend getting a solicitor as certificate provider, ideally one who is experienced in dealing with elderly people/people with fluctuating capacity. They'll have experience, will assess your mum's capacity. Plus if anyone questions the LPA in the future because of your mum's capacity, having a professional as certificate provider gives reassurance that everything was above board.

I have professional experience of both. Definitely do the LPA while you are able to. Ask the GP if they will act as certificate provider. I have had GP’s witness will signings. Otherwise if you are able to, pay for a solicitor and if money is tight just do the financial LPA. You could ask a solicitor to just act as certificate provider if you do the paperwork yourself. As a professional the social worker could do it and the two years does not apply but their local authority may not permit them to. www.gov.uk/government/publications/make-a-lasting-power-of-attorney/lp12-make-and-register-your-lasting-power-of-attorney-a-guide-web-version#section10

The two years only applies for a lay person not a professional if you look at the guidance. It’s worth asking the social worker.

What about your mums old neighbours? Has she known them for two years? You can't use relatives to sign a LPA.

I have recently done one for me and one for my parents. We used the GOV.UK one as it is easy to do and far cheaper than a solicitor. We used neighbours to sign and this has all gone through.