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Court of Protection - Page 2 - Carers UK Forum

Court of Protection

For issues specific to caring for someone with learning disabilities
Hi , this is not an area I have expertise in, but I suspect you have been wrongly advised. I wonder if the solicitor had the right expertise. It is my understanding that a person who is born with a learning disability who has always lacked capacity cannot grant a relative or friend Power of attorney however a relative or close friend can apply to the court of protection to be their deputy.

https://www.gov.uk/become-deputy/who-can-apply-deputy

Mencap also gave info on this https://www.mencap.org.uk/search/apache ... protection

Sorry can't give more specific link, but my caree is ready to go for a walk.

Melly1
Melly, I agree with your interpretation. The PoA papers require that the person concerned has the mental capacity to understand what PoA involves and this has to be validated by a non-family member - in my dad's case, the solicitor. This is why it's important to have PoA in place well before any hint of dementia.
Without PoA the way forward is as a deputy through the Court of Protection.
hello, am finding this a bit daunting...

i have a son with severe learning difficulties 26 years old.
we have a daughter age 28 fully capable.

my husband and i have written a will , majority will go to daughter who will see that her brother is ok.( she will shes sensible and caring)

at sons general MOT at the GP , the gp tells me that we need to put something in place so that when both parents are dead, daughter will have parental rights over son, so she can say where he is to live etc etc.
shes very happy to take on that role.

now what i dont want if i can help it , is to have some nobody gain £400 pound a year from us making 'deputies' for son...

am scared that going to a solicitor would open a can of worms... be demanding etc ( i had a very bad experience when my parents died )


any advice appreciated , or i could asked social service advice ...
Do I understand that you don't want to use a solicitor? I don't know about deputies, but you need to provide for what happens if your daughter dies before your son. It may not be likely, but anything is possible. If it was me, I would prefer legal advice for that situation.
As you are hanling the benefits, presumably you are DWP Appointee, paying bills. As such the day service contract is with you and you have a right to know where the money is going. Presumably you have evidence of paying £10 for copies of accounts etc. They might call it a FOI but it should have been SAR Subject Access Request. Look at the Information Commissioner's website. There is a 40 day time limit, clrarly exceeded. Go to the IC and ask them what they can do to help you.
Greta wrote:Do I understand that you don't want to use a solicitor? I don't know about deputies, but you need to provide for what happens if your daughter dies before your son. It may not be likely, but anything is possible. If it was me, I would prefer legal advice for that situation.
yes your right about that to...
first we want to make sure she can be in charge of son, if we died. ( when)
i want to know more about whats what before i go to a solicitor...

the post after , i dot think refers to me?
I think both posts refer to you, we just read it differently.

Maybe this is one for the Carers UK helpline? I did have a bad experience with a solicitor when I did probate for my brother, and it's hard to find a solicitor you trust. Social services might well advise, you just don't know who to believe. Maybe get advice from more than one source and compare them! But maybe there are others on the forum who've been through this.
My reply was mainly for Barbara. I am dismayed to hear she spent 2 years repaying a debt run up by someone with SLD. Such a debt was unenforceable, as someone who lacks mental capacity is, by definition, unable to enter into a legally binding contract. A solicitor would confirm this. Howver one home my son had been in was once sued for £10,000 when he didn't owe a penny! However I knew this was not the case, I'd just completed a Business Studies degree and soon put a stop to it. This company was definitely on the fiddle. Lots of clients money disappeared from their accounts without explanation when the owners were appointees. Much to their annoyance, I explained to many families how to resume being appointee themselves! The ILF Fraud Officer said they were the worst company he'd ever met, but one of the largest LD care providers in the country.
Greta wrote:I think both posts refer to you, we just read it differently.

Maybe this is one for the Carers UK helpline? I did have a bad experience with a solicitor when I did probate for my brother, and it's hard to find a solicitor you trust. Social services might well advise, you just don't know who to believe. Maybe get advice from more than one source and compare them! But maybe there are others on the forum who've been through this.
i agree , i have emailed carers uk and wait for a reply.
and i agree about solicitors...
Barbara_1512 wrote: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.



new to this forum and this is happening to me to my daughter and i have just been shocked at how little we can do with red tape the placement shes at refuses to involve me in meetings and often bully her in to making decisions that suit them when i ring they say they cannot blah blah blah and threaten me with social services saying they will get an advocate i say i'm her advocate which they refuse, and pull her into meetings with out my knowledge and ring some social worker she don't know to listen in i'm absolutely fuming