Court of Appeal refused LPA for my DF - what now and who pays for Deputyship?

[BikeTart]

Court of Appeal have refused both LPA's for my Dad; we first applied 14 months ago and investigations by the OPG commenced August 18; received the ruling yesterday with evidence and forms etc. Turns out my Dad emailed them and made all sorts of (untrue) statements about me which made them question his capacity.

It's been decided that he did not have capacity to make the decision to appoint an LPA, and he doesn't have capacity now to manage his property and financial and health affairs. I have been instructed not to carry out any matters of these nature forthwith and to produce evidence of all my dealings of this nature for the last 14 months; not that I ever have, by the way, as we have been waiting to find out why there was an investigation in the first place. Anyway my Dad's solicitor (who has never had this happen before) says it's better for me to instruct her to apply for Deputyship otherwise the court will appoint someone who doesn't know DF and who doesn't have any interest in him per se.

But if I instruct her, will I then have to pay her from here on in? Or does it come out of my Dad's estate on his death? My dad has Alzheimers and although he is still in his own home and refuses any help, he is only able to function independently in that context.

Actually it isn't the Court of Appeal at all it was Court of Protection.

Why has the solicitor told you to instruct her to apply for deputyship rather than apply yourself (or a sibling/either alone or together)?
If you get the deputyship the costs come from your dad's money.

you could go through your local Council Deputyship office.. They can do it for your dad, but do charge , ( but far cheaper than a solicitor i would imagine) call and check if they have one, Ours does .

She has said that it would be very expensive for me to apply myself, but also expensive for her to do it. And given what my Dad said about me in the medical and investigation interview he had with the COP doctor and investigator she thought I wouldn't be granted it anyway which ever one of us applied for it to be me.
TBH, he said some really awful things and right now I don't want Deputyship.

I have applied for deputyship for a client and it is fairly straightforward. The fee was around 400 pound but was waived as my client was in receipt of pension credit guarantee. Try to be forgiving of your father without capacity he will be confused, and they can make up all sorts of things and believe them true in their confused world.

Is there another relative who can apply?

No other relative that I know of except my DC's and none of them are willing or able, for reasons of their own.
Thank you for your responses. I think this one will just have to play itself out.
It's a really sad situation.

It's quite straightforward, I know two people who have recently done it without a solicitor. But another friend with no family has a solicitor as her appointed guardian (though through lpa and not activated yet)

What happens if you do nothing?

I’d let the Court of Protection appoint your local council as deputy. Their fees should come from his income and estate.

www.gov.uk/government/publications/local-authority-deputyship-responsibilities

I would call the office of the public guardian and suggest they help you find a court of protection appointed deputy. I dont see how you can instruct a solicitor to act on his behalf if you dont have lpa and he doesnt have capacity to agree to this.

If I do nothing the CoP will appoint a panel deputy and I think that they must take their costs from DF's estate.
My understanding of the Deputyship is that my DF doesn't have to agree, as it is shown in the ruling that he did not have capacity to agree the LPA and he does not have capacity to manage his own affairs now.
His solicitor is concerned that someone with no knowledge of my DF and no particular interest in ensuring his wishes are carried out (as far as can be possible) will be appointed. That would definitely be against his wishes, its what he's been worried about to the point that he will say and do anything he believes will get rid of Statutory agencies of all kinds. And, I have to say, it's why we're in this mess.
I'll speak to his solicitor next week, we don't have alot of time as the CoP have given dates by which certain things have to happen, which in a way I'm pleased about.

It sounds difficult, you could also get in touch with IMCA to see if they can help you at all, they act in best interests of people without capacity or maybe an advocate. If you are aware of his wishes then write them down, I would hope your knowledge would be taken into account.

Can you appeal the decision of the Court of Protection?

Do you have evidence your father was fit to make that decision when he appointed you 14 months ago? Shouldn't that be the key point that is relevant?

I believe i can appeal, yes. At great expense, potentially and it is a time consuming venture; we did the LPA over a year ago and it's taken til Friday for us to get this far. Solicitor is concerned about how much more it would cost in addition to the work she's done as a result of the investigation; she wants to keep the costs to my DF down.
The solicitor supplied evidence that my DF had capacity at the time of the LPA application. However, the evidence of the CoP was that he had already had the dx of Alzheimers (the month before) and all the NHS assessments were submitted as evidence that he did not have capacity.
Plus - my DF himself emailed the OPG to say he had no idea there was LPA and felt this was all a plot by me to embaress and humiliate him. I think that's what kicked off the investigation.

We got my mother’s LPAs done after diagnosis. She still had capacity. Dementia patients don’t just drop off a cliff edge when they get diagnosed. You seem to have been unfairly treated.