Court of Protection - Deputyship

[OhFFS!]

Hi.

My aunt (93) has no LPA but since Xmas has gone downhill and is currently in a care home following a brief hospital stay.. This home is awful but we can't do anything as we can't access her funds or sell her house.

We are going to apply for CoP for deputyship for financial matters. Social services are involved but have said it will take several months until their assessment is done and that will determine if she can go home.

Quite simply she can't, she can't stand up/weight bare and she has definitely lost capacity,

Do we need that assessment before we can apply to the CoP or can we apply now. If it's going to take months for the assessment and then months for the CoP, she may well be dead by then. I know that there is the interim application but presumably we will need to making the application in the first place.

Is there anything we can do in the meantime to help her. It's such an awful situation. If we can get her house sold, we will then be able to get her placed into a home that will take her needs into account.

Thanks. We just feel that every option is blocked by red tape.

Assessment about weight bearing etc has diddly relevance to the CoP.

The question for the Court is about capacity and whether a doctor will complete a CP3 form

Thanks. So can we get that form signed separately from the while Social worker assessment

Sorry, that should read separate to the SW report. Not sure where the while came from

Yes, there is a COP3 form which needs to be filled in. The social worker can do this, does she have an assigned worker?

Its in Social Servies best interest for a family deputy to be appointed, otherwise the local authority will have to take control of your aunt finance.

Ok thanks. We shall speak to her about it. I'm hoping that she is more impressive that she has been so far. First appt was 5 weeks overdue, then cancelled the day before and then finally arrived nearly 2 hours late.

You'll need deputyship for health and welfare as well to have a say in moving her.

Just to say that as DM was already in a nursing home when her deputyship was approved, the judge did not grant us deputyship for health and welfare (only finance) as he deemed the care home took care of this, and we were specifically instructed we couldn't sell or rent out her house! A nightmare for 5 years of us finding the funds for her care home until DM sadly died.

The Court of Protection is increasingly reluctant to make orders for Deputyships around health and welfare unless there are serious issues in relation to the subject 'P'. Would likely involve a full hearing in front of a Judge whereas the vast majority of financial orders are made by officials under delegated powers.

The vast majority of questions that arise are better dealt with under the usual protocols within healthcare etc.

@OhFFS! is she getting Attendance Allowance, or would she get it outwith the state funded sector?

The physical health isn't relevant for financial deputeeship, does she have capacity currently to sign to say that you can help her with her financial paperwork? If yes a power of attorney is simple and can be done today. If she doesn't the court of protection takes months and is expensive. They generally only do finances if in a care home situation.

Hi. Since she got admitted to hospital and the home, the carers allowance stopped. Is that correct?

@mitogoshi We discussed it with her but she didn't even remember I'd been in. She was babbling the other day so I wouldn't trust her capacity for anything. Otherwise we would have already tried the LPA route, I think we missed that opportunity by a couple of months unfortunately.

I'm not sure you're right about finance Deputyships and Care Homes.

It's more about assets. If you've no significant savings and income is only DWP benefits then DWP can make somebody Appointee under welfare legislation. The CoP does, or at least used to, also make short orders to deal with specifics.

If there is, as here real property to be sold with proceeds to be managed afterwards and perhaps income from private pensions etc then I'd expect, absent an LPA, a Deputy to be appointed.

Aside from older people there are at least two other cohorts. People with serious mental illness and those with brain injuries and compensation funds to look after.