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Legal matters

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Court of protection application

12 replies

RosieTheChi · 09/03/2024 15:13

I am wanting to make an application to the court of protection for my daughter for me to be able to make financial and health decisions on her behalf.

She is 20 years old, has a learning disability, possible autism, severe anxiety and depression and is deemed to not have capacity to make her own informed decisions on these matters. This is going to be long term, perhaps permanent and she needs me to advocate for her.

I have a few questions if anyone can help me:

How much does it cost to make an application?
Is fee remission available for this type of application?
Would I have to go to London for the hearing or would it be done over video call?
What is the likelihood of being granted deputyship over her affairs?

Thank you.

OP posts:
Bromptotoo · 09/03/2024 15:22

Details of fees are on line:

https://www.gov.uk/become-deputy/fees

There is a remission scheme for low incomes.

I wouldn't expect there to be a formal hearing but that will be fact dependant. Is there, for example, any other relative who might oppose your application?

RosieTheChi · 09/03/2024 15:25

@Bromptotoo Thank you, I couldn't find the information I was looking for on there but it might just be me missing it.

There is no other relative who would oppose the application as her father and grandparents agree with me applying.

Can medical professionals oppose it? She has a big team of professionals working with her. There are no issues and I have a great relationship with them all but if they wanted to, could they oppose? And would I have to inform them about the application?

Sorry for all the questions.

OP posts:
Bromptotoo · 09/03/2024 15:34

I would suggest a discussion with the Medics before making an application. You would need some sort of evidence of her condition(s) to support the application.

You may find they question the necessity. Does she have much money now? If she's only receiving benefit income then could those be managed under appointeeship which is a DWP 'thing'.

EDIT - worth reading the whole of that page on .gov: https://www.gov.uk/become-deputy

RosieTheChi · 09/03/2024 15:39

@Bromptotoo She is on benefits but she has her child trust fund money and a criminal compensation claim that I can't deal with for her without an LPO or the deputyship.

It's more her health decisions though, so I can have access to records etc to help me with her care and have more of a say in her care also. As it stands, I can have an opinion but ultimately don't have a lot of say in my advocacy for her and I've always been her safety net so to speak.

Do you know if it's a long process, like are we talking years from applying to a decision?

OP posts:
clareykb · 09/03/2024 15:39

Hi I work in a related field but not the legal side and most families i work with manage with apointeeship rather than court of protection we advise people to get legal advice to see if it worth doing when we are asked.

Bromptotoo · 09/03/2024 15:45

@RosieTheChi agree with @clareykb that legal advice might be worthwhile in terms of saving you wasting money later.

The process itself isn't that long but ISTR the court has been badly behind for years....

RosieTheChi · 09/03/2024 15:47

clareykb · 09/03/2024 15:39

Hi I work in a related field but not the legal side and most families i work with manage with apointeeship rather than court of protection we advise people to get legal advice to see if it worth doing when we are asked.

It's more for the health side of things as she has long term/permanent health issues and lacks capacity. Unfortunately I can't afford legal advice.

OP posts:
JennyMule · 09/03/2024 16:35

I practice in the COP - deputyship for property and financial affairs is a routine application dealt with "on the papers" ie there is no hearing of any sort of the application is unopposed (which is the case here.) The forms can all be found online and an application can be made online via a portal (recommended for P&A applications as much quicker than via paper/post.)

You can if you are confident with the forms do this yourself, except for the COP3 capacity assessment which a doctor, social worker or other suitable professional eg OT needs to complete. (GPs charge a fee as it's non NHS work and LA social workers usually don't complete them for non-LA applications. You can engage an independent SW privately to complete a capacity assessment if necessary.)

Have a look at the COP1A, COP3 & COP4, COP14PADep & COP15PADep forms to see what's involved. You don't need the COP1 form if applying online but reading it will give you an idea of what information you need to provide about P (the person to whom the application relates.) The gov.uk website contains a useful explanation about the process and the requirements to notify the person who lacks capacity and 3 others.
If you decide to do it yourself I'd recommend starting with obtaining the Capacity assessment. Also note the need to notify people no more than 3 months before you apply.

If you prefer to use a solicitor their fees are payable from Ps funds and I'd expect the only upfront payment you may be asked to make is for a capacity assessment with the legal fees paid after the deputy order is made and you have access to Ps finances.

Deputyship for Health & Welfare is much less "routine" and there is a tendency these days to regard appointment of a HW Deputy as exceptional rather than routine.
As PP have said if you do wish to pursue it is absolutely the case that prior discussion with professionals involved in care/social services etc is the best approach.

The main obstacle you face is that in theory it's unnecessary to appoint a HW Deputy as a "decision maker" will, if P lacks capacity to make a welfare decision, apply the Mental Capacity Act correctly, consult with all those interested in Ps welfare and make a best interests decision having carefully weighed up all the options and considered the benefits and burdens of each option from Ps perspective.

Back in the real world professionals often do not do that (to put it mildly!)

In a HW application it is the applicant's means that are considered when looking at fee exemption and remission.

My own recent experience of making HW deputy applications for clients is that they are a lengthy business, not always successful (despite the applicants being exemplary family carers) and you are probably best looking at information available via Mencap and other charities to see what outcomes others in a similar position to you have achieved before deciding whether to pursue this. If you do decide on a HW application it's entirely separate from the PA deputyship and the application is paper based and submitted via post - again worth looking at the gov.uk website for information.

Good luck

Soontobe60 · 09/03/2024 17:04

I have recently been awarded Deputyship for my stepfather, but only for finance. I used a solicitor because when I looked at the forms, I thought I quite overwhelming. I’ve completed LPA forms with my MIL in the past, and they were much more straightforward.
I had to send my solicitor lots of reports, and she dealt with the DOLs team etc for other reports. It took 3 months to get all the relevant reports together, then 6 months for the application to be processed by the CoP. Once approved, I was able to pay the solicitor out of my stepfather’s account, so I didn’t pay anything upfront. It cost about £1500 including the CoP fees.
I have to complete annual financial reports and keep detailed records of all income / expenditures which have to balance. Who has deemed that your DD does not have capacity? It’s a very high threshold - presumably she has been able to manage her finances as an adult so far?

squirrelslikenuts · 13/02/2025 02:23

Thank you for this detailed information.

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