anyone married to someone under the court of protection?

[shortfathorrible]

I am trying to divorce a man who has a deputy
in England (we are in Scotland)and is under the court of protection, any advice

What does your solicitor say?

Just go to a solicitor in Scotland and start the procedure. Tell the Solicitor what you know about your husbands capacity.

Just press ahead with your Divorce application. Tell your solicitor the details about your husband.

we both have representation,the receiver has appointed a solicitor for my husband -who drives a car - ,I have a solicitor and she has sought counsel in edin.husband's capacity to instruct to be tested, gp letter insuffice,deputy very slow and reluctant-this has been going on for years -deputy unwilling because she would lose substantial fees

Can your solicitor write direct to the Court of protection, Ask the Court of Protection to review the actions of the Deputy.

How would the Deputy lose substantial fees?

Here is the address of the Court of Protection. 11th Floor, Archway Tower. 2 Junction Road, London, N19 5SZ

phone 0845 330 2900

they probably have a web site as well.

husband has substantial sum,deputy pays bills etc. sum on divorce would be less.the court of protection is a racket used by solicitors to remove sums of money without having to account to the incapicitated and their families causing huge distress eg when asked what would happen in the future I was told to get a lawyer

thankyou for advice

Have you any children?

How did the deputy get appointed originally?

we have 3 children, very wary of identifying
us as situation rare,deputy appointed at behest of lawyer acting for us - deputy was a colleague

thankyou have tried but court will not communiate with me as I am neither client nor deputy. I have tried and tried

If one of the children is old enough, they could request to be appointed as Deputy.

A deputy has to re-apply for the continuation of an order at three year intervals. Ask one of your children to write to the court of Protection requesting them to Audit the Deputy Accounts for your husband.

I was unaware that the deputy has to reapply
eldest over 18, husband thinks existing deputy good/cares -does the fact that we are in scotland and deputy in england have any bearing - wish I had contacted mumsnet/you years ago.

I suggest that one of your children should write to the Court of Protection requesting that when the current "order" expires, that your son would like to put his name forward to be appointed as Deputy. Reason being that the fees current Deputy charges are too high, and that a family member could do it cheaper.

Suggest that your son asks Court of Protection to Audit the Account and the fees charged.

Thankyou, very much appreciated

You can download the Application forms from the Court of Protection web site. Or phone them up and ask to send a copy by post.