Deputyship Order by the COP

[Stephen_16071]

Hi, I live with my Mum and despite several attempts to overturn it she has been assessed as not having mental capacity. My Dad passed away over a year ago and we still haven't seen a penny of the estate.
As stated I live with my Mum and quit my job to care for her full time. We're now told by solicitors we have to seek a deputyship from the court of protection.
My sister now wants to apply to be a deputy despite only seeing my Mother six times since Dad passed away, I think she feels she is missing out on some gravy train. Is it normal for two deputies to be appointed and for one who has no contact with the person involved.

[Pet66]

Stephen. All I know is when I had to go down the COP route, the solicitor asked me how often my daughter's visited. They are guardians with me. One daughter visits twice a week or more if possible and my other daughter visits once a week unless on leave. Then it's more. I was told expectations are once a month, but that's from an assessor? I suggest you explain to the solicitor, the situation. Your sister can't misuse any funds as receipts and statements have to be checked once a year. I believe it's normal for more than one deputy to be appointed, just in case something happens to you. However deputies have to have the interests and welfare of the person involved.
Have you googled Court of Protection? I'm not sure I'm being much help to you. Am still getting my head around the rules myself!

[Stephen_16071]

No, you are being helpful and I've done a fair bit of research into the court of protection.
I'm just worried about my Sister, will she suddenly be giving her partner and kids massive handouts on birthdays and Christmas at the expense of Mum, while still not taking the time to even visit her?

[jenny lucas]

Do get in touch with the experts here on Carers UK - emailing is best, as the helpline is often very busy.

Even if your mum is, as I take it, the sole legatee of your father's estate (this is the case in 'mirror wills' where a husband leaves everything to this wife, and a wife everything to her husband), her estate must ONLY be used for HER welfare.

In that sense there IS no 'gravy train' for your sister to get her face into!

Who will inherit from your mum? Does she leave everything equally to you and your sister? If so, only when she has died will whatever is left (after her current level of care) be divided between the two of you.

If your mum is 'self-paying' in a residential care home for dementia, she will be unlikely to leave a large fortune (unless she has a VERY large fortune now!). My MIL with dementia is burning through the proceeds of her flat, which was sold to pay for her care home fees of one hundred pounds A DAY. She will die broke.....

[Pet66]

Stephen, me again!
I'm ' allowed' to gift our family out of my husband's account. But only as much as he usually did. If I suddenly started to spend excessive amounts the COP would definitely question me. Does your mum but gifts for occasions? Your sister can't gain from your mum's money. COP is to protect from misuse.
I understand it's a different scenario for me, as it was the way hubby and myself worked our finances. It worked for us.
I have told my daughter's they can check at anytime, as statements receipts etc are all in a concertina file. They don't feel the need to check.