Court of Protection

For issues specific to caring for someone with learning disabilities
Hi I dont know if anybody can give me some advice with regard to my sister who has learning difficulties ,my sister lived with my mother all here life and is now 58 yrs old,my mother cared for her and died last year at 92 yrs old .
my sister has a care package and I have been doing the shopping and generally looking after her needs this last year and we have been managing ok.
there is some money that my mother left in her will ,and the house has been left in trust with myself and the solicitor as trustees,
I suggested my sister made a will and the solicitor wrote to her psychiatrist to see if she had capability in making a will the psychiatrist said she hadnt,This has know led into the solicitor recommending we apply to the court of protection to appoint a deputy to look after her affairs , after looking about the duties required it seems that the deputy is responsible and audited for taking the time to care for my sister and also any benifits she recieves,has anyone been though a similar senario and can give advise
Hi Allan, I am currently applying for Court of Protection for my mum who has dementia and has lost capacity. I dont know if the rules are different for people with learning difficulties, but for my mum there were two types of CoP - finance and health/welfare. I am only applying for the finance one so that I can pay her bills, buy things for her and manage/sell her house. I will have to open a special account for her and keep all bills, receipts etc. It doesn't seem too onerous.
I was told that if I was not willing to do this then social services would be awarded the deputyship, but I didn't like the idea of them having so much power.
Thanks for replying the solicitor is recommending that I apply for the health and welfare as well did you look into this or have any knowledge of it
I didn't need to do that, Alan, so I don't have any knowledge about it, but if you don't do it what will happen? Would social services take it on? And if they did, would you be happy about it? Can your solicitor explain a bit better what would be involved?
Thanks for the reply the solicitor recommends I do but seems to be pushing it quicker than I am comfortable with just like to be aware of all the facts and how it effects my sisters quality of life.to me my sister needs help with her fiainces but she knows what she wants with regards to the day to day living
I have both sorts of POA for my elderly disabled mum. It has been a godsend, as no one can use the excuse of "patient confidentiality" when I want information. There is nothing to fear that I can find from having this, as far as I can see. The rules have changed and it now takes 3 months to register a POA, and it can't become effective until registration, so it's definitely one of those things to do well in advance. Even after registration, you can still opt out of using it if you don't want to.
thanks for reply I believe you have to pay £350 pounds every year to be deputy is this a fact or does it come out of the person you are deputing for
Alan, I have POA, rather than be a Deputy, so I don't know about charges involved. However, I would say that any costs relating to your deputyship are not your responsibility, but the responsibility of the person you are acting for.
Alan Ward wrote:thanks for reply I believe you have to pay £350 pounds every year to be deputy is this a fact or does it come out of the person you are deputing for
Anything you have to pay for relating to CoP comes out of the finances of the person you are deputising for. Make sure you keep the paperwork.
Hi - I have similar problems. Although my brother lives in a Care Home (Supported Living although he is really receiving Care as if in a Residential Home because of his disability) I've cared & supported him all his life and since my Mother died. His first Care Home was excellent (six residents in family owned home that he had been going to for respite since his teens). Unfortunately the owners retired and the second placement was diabolical. He is now in third placement which is attached to the Day Centre that he has been attending for years. He is happy there and I am pleased that he is receiving better care but the two new managers will not release any information willingly or at all. When John initially went there I provided them with a full autobiography of John to help them to understand him and his Care needs. They used it and thanked me for it because it saved them a lot of work. However, they do not reciprocate and consequently things such as John's health needs and finances (I have control of his benefits) have been difficult for me and John to administer. John has Learning Disabilities and very low capacity. I have to monitor that his health and any other needs are being met adequately because he can't tell you when things are bad until it becomes really visible. John's Social Service worker is not helpful. I went to see a Solicitor because I do not have Power of Attorney. I was told that because John does not have capacity I would not get anywhere in the Court of Protection. As a spirit of good will, I set up a meeting with the two managers and even completed a freedom of information document (the solicitor said it was a document that was totally not applicable to our situation), and paid them £10. Six mths later I still have not received anything. What can I do now? eg. I would like a copy John's Care Plan, copies of Meetings, spending money details on a form similar to that of the Day Centre (which the Day Centre supplies quite willingly). I control John's money because one of the Homes that John spent a short time in after my Mother died spent all his benefits, never took him out anywhere, and still claimed that John had spent all his money and that he owed them 'X' amount, which he spent two years paying off as I could not get it squashed for him. I don't intend to let that happen again.