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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I need to make Application to the Court of Protection with

Customer Question

I need to make Application to the Court of Protection with regard to my Wife and - this requires submission of a new COP3 and the original is over a year old. My Wife is in a Care home run by the County Council (the application concerns them).
There is no Deputy/LPOA for health and Welfare. I have asked them for their agreement for her to be again medically examined and for the contact details of the home so that this may be arranged. They have refused saying it would be too stressful for her - without that I am unable to even approach the COP to ask for their assistance - any ideas, please?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you not know who your wife's GP or Consultant is?
Clare
Customer: replied 1 year ago.

Yes, I would intend to use the same Consultant to provides the requisite COP3 statement

Expert:  Clare replied 1 year ago.
Hi
If you know who the Consultant is why do you not contact him/her directly?
Clare
Customer: replied 1 year ago.

Because the Council will not provide the details of how the Consultant may make a suitable appointment

Expert:  Clare replied 1 year ago.
Hi
When did your wife last see the Consultant?
Clare
Customer: replied 1 year ago.

Around mid-2012 but I know my wife's condition has degenerated considerable - such that she cannot communicate effectively

Expert:  Clare replied 1 year ago.
Hi
What does her GP say?
Clare
Customer: replied 1 year ago.

I am not allowed to know who her GP is......

Expert:  Clare replied 1 year ago.
Hi
?
What excuse do they give for that.
Do you actually know where your wife is?
If not could you explain what has happened?
Clare
Customer: replied 1 year ago.

The COP requested Lord Chancellor's Medical Examiner's Report stated

"


3.3 For this reason, I consider that she does not have the mental capacity to determine generally what is in her best interests with regard to contact with others and requires others to do this for her. Having said that, her wishes should be determined for any particular contact as fully as possible, and her views taken into consideration when decisions are being taken on her behalf."



They argue that she has previously indicated that she does not want me to know anything about her (I find this difficult to accept as, from the outset, they used a 'talking mat' system to 'talk' with her) but rely on that to refuse me any knowledge of my much loved wife (even that she suffered three seizures) - which I was advised of by someone in the village....



I know where she was moved to (although the Council failed to tell me) but not necessarily where she is now



(You should not working so late!)

Expert:  Clare replied 1 year ago.
Hi
What Orders have been made by the COP regarding your wife?
Clare
Customer: replied 1 year ago.

Sorry, highly pertinent question - I should have mentioned - apologies

Only the appointment of a Deputy for Business and Finance, No Deputy or LPOA for Health and Welfare

Expert:  Clare replied 1 year ago.
Hi
When was that appointment?
Clare
Customer: replied 1 year ago.

late 2012

Expert:  Clare replied 1 year ago.
Hi
Are there any other close family members?
Clare
Customer: replied 1 year ago.

Two sons - that didn't forgive their Mother leaving their father and marrying me (she was my carer when I wasd discharged from hospital when terminally ill) - so no help there!!

Expert:  Clare replied 1 year ago.
Hi
For clarity have you asked the Financial Deputy about the Consultant visiting?
Clare
Customer: replied 1 year ago.

No - I didn't think of that?

Customer: replied 1 year ago.

They are a large commercial company and I cannot see that they would want to/can involve themselves in this?

Expert:  Clare replied 1 year ago.
Hi
But it should still be your starting point.
Equally have you checked to see if the Consultant still has your wife on his (or her) "Books"?
Clare

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