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Court of Protection - Carers UK Forum

Court of Protection

Share information, support and advice on all aspects of caring.

We have been advised to apply for Court of Protection for my partners daughter who lacks mental capacity. she has been living with us for 10 months and is 26 years old - mum unable to cope. Has anybody been through this process that can give us any pointers.

Thank you
Hello Denise
Can I ask who advised you. It isn't always needed, depending on the assets your partner's daughter has. It's possible you can be an appointee. One of the ladies on the forum is an appointee for her son and may see your post and advise. She is very wise on these matters.
Don't rush into court of protection untill you have looked at other options.Whatever you use, it's imperative to have a separate account.
I sadly had to go down the court of protection route for my now late husband. I found a solicitor on line, who was very helpful. It costs, not only the initial set up, but each year you will be expected to send expenditure, of every penny you have used. There will be a charge for this. Not from your own account, from you partner's daughter's If I ever had doubt I would check with the guardianships. Was refused, just once. ( A special gift for my grandson). My husband was in a nursing home, and I had to run our house, maintain it, with the money that was is hubby's account, as we had separate. Court of protection can be very intrusive. Sadly it was needs must in my case.
Who told you to do this??

Nothing has really been solved by her moving in with you because mum can't cope, because it's only a matter of time until you can't cope either, due to illness or death.

What should happen now is that she has a proper Needs Assessment and discussion about where she can live independently, with carer support, so both parents can retire from caring and support her to settle into her new home while they are still around.

My son has severe learning difficulties, lives in a flat with support. He was home this weekend, enjoyed being with me, his brother, and nephew, one was log splitting with a tractor, M was moving it into a shed, using his garden tractor and trailer, his pride and joy. Then when it rained they went into a shed and worked on a steam engine together. Usually I'd join in, but I'm not well, so concentrated on doing lunch. In the afternoon, the taxi came to take him back to his flat, which is a proper home from home. He'll be back in 2 weeks time, again we'll plan to do something nice together.
During the week, my son attends various day services, and has staff to take him out and about at weekends.
To manage your daughter's money, all you need to do is contact DWP and become her "Appointee".
It's a very simple process as long as you don't have a criminal record or sinister past.
Then, you need to set up a bank account in your name (my son's says "RE M..." to distinguish it from my own accounts.
All her benefits are then paid into this dedicated account. If she is living with you, make sure you take housekeeping from it, by direct debit so you can show where the money has gone.
Make sure you don't let the money build up over about £6,000 or the council might ask for some to go towards her care costs.
She should have a Needs Assessment looking at what she needs in total, not what she needs just when you need a break.
From now on, think of how she can become as independent as possible before moving out, looking after her own room, simple cooking, road safety etc.
Make sure you have a Carers Assessment too.
My son has severe learning difficulties, so he gets ESA, and PIP, highest rate for care and mobility. He might be fit as a flea, but still qualifies as he needs someone with him at all times as his road safety is poor and he's a very vulnerable man.

Feel free to ask me anything on the forum, or send me a PM.

Make sure your ex hands over any of your daughter's money she has been "looking after". Did she have a dedicated account, keep all daughter's money separate from her own????????