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Deputyship of parent - court of protection

3 replies

spare10 · 19/12/2024 01:21

Any one have experience of applying for this where a parent without capacity will go against it? Can I claim the fee back from their finances if appointed? What else do I need to be thinking about?

OP posts:
FatFiatMultiplaWhopper · 19/12/2024 06:34

Speak to a solicitor. Their fees will be payable from your parent's money and they will guide you through the process.

Soontobe60 · 19/12/2024 07:04

I applied for it for my stepfather. I used a solicitor as its a very complex process. You need lots of medical information - my SF was subject to a DOLs with a diagnosis of dementia and Parkinson’s. He had no communication and was unable to take care of himself. He had been in a care home for 12 months when I applied. I recall that I had to prove that I had discussed the application with him. If the person doesn’t agree, it can be very difficult.
I was able to be reimbursed for the costs of applying (around 2K including solicitor costs) once the application was approved and the Deputyship registered with his bank. The whole process took about 8 months from start to finish.

Bromptotoo · 19/12/2024 14:13

Do you anticipate the parent (P) who lacks capacity will oppose your application?

Might there be competing medical evidence that they are capacitous?

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