Court of Protection/ Dementia

[akulamann]

Help & advice needed, my Mother is an 85 year old who was diagnosed with Dementia 2 years ago, her social worker recommended that a deputy in a court of Protection should be appointed, I was to do it but after an initial enquiry into the subject and associated costs, I delayed taking any action, the social worker has now instructed a law firm to apply, I have opposed this at a hearing on the 24/3/2012.
I need advice on where to start the judge said I need to do a COP24 can anyone tell me how to do this? I would like to contact people in a similar situation as I feel alone & confused having read about COP, its workings and its draconian powers.
Q. The law firm the social worker recommended would, if successful in their application, represent my Mother in the sale of her house which is in a council redevelopment area, is it not a clash of interests for a law firm acting on instructions from the council, presiding over the sale of a house to the council,.
Q. What is the average cost on an annual basis of a law firm performing these duties?, I have tried to get a figure out of them but they just send out chaff & fog.
I am really worried that as well as being in financial control of M. that they will waste no time in removing her from the sheltered accomodation she has lived in since June 2010, thanks for reading this

How about contacting either CAB or Age Concern for advice?

Actually I think there is advice about this online if you look.

I had an Enduring Power of Attorney for my elderly mother, but that was taken out prior to the current legislation and when she was well enough to sign paperwork. You have made Social Services sound rather draconian in this but I'd imagine they need to know your mother's affairs are under somebody's control.

Why has the social worker suggested an independent Deputy be appointed if you are willing and able to act? Normally an independent would only be appointed if there is nobody else available who is suitable - there will be fees involved, the level of them depends on how much work there is to do and they won't know this until they start.

I would say that when I have done professional Deputyship work the fees have varied from £3k a year to £20k (the £20k file was due to the patient having two carers who called me constantly and escalated the costs enormously - I didn't charge for every call as I just couldn't bring myself to do it, but even charging for every third call just pushed the costs through the roof, it was ludicrous and it still keeps me awake at night thinking about it). The costs are assessed by the Court on an annual basis - the firm can't just charge what they like. The Court is pretty strict on what you can and can't charge for, and the rates are set by the Court not the firm.

But if you want to act, call the firm who are applying and speak to them - have you told them you want to do it instead? The costs of the application will be taken from your mother's own funds, you don't have to pay by the way.

NB If the firm are appointed and act for your mother in relation to the sale of her house, the appointed Deputy (who will be an individual and not the firm as a whole) will act for her and not for the council. Just because Social Services have started the process, does not mean they will have any involvement or influence once a Deputy is appointed - the Deputy is under a statutory obligation to act in the best interests of the patient (i.e. your mother) - the council and ss are nothing to do with it from their perspective, so there would be no conflict of interests.

Hi, I'm a deputy for my mother. If you want to avoid costs then do it yourself.
It is not too difficult and some of the work can be done by others ie accountant for end of year accounts etc.
If you are a carer for your mother then you are likely to find it easier to do it. The fees are as emsyj said set by the court and come out of your mother's funds, but as long as you keep accounts, get advice from Age UK and you will get a court visitor then it is not too difficult to do yourself.