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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26009
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have just received forms regarding court of protection appointment

Resolved Question:

I have just received forms regarding court of protection appointment of deputy for my mother. I have been living with and caring for her for the last 4-5 years. My brother in law has applied to be a deputy and filled in forms, implying that I am no longer able to care for my mother and she should go into a home. My mother does not want to go into a home but she has Alzheimer's and in mentally incapacitated. I did not understand what a deputy meant but told my brother in law that I thought I should be included as I deal with everything concerning my mothers care. My husband and I pay the household bills. However he has applied without my inclusion. There are many statements he has put in his application which are not true. How do I fill out these forms?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

For the avoidance of doubt, may I confirm whether the court has yet made a decision regarding your BIL's application or whether you have been served a copy of his application prior to the hearing - as you should have been - and the decision has not yet been made?
Customer: replied 2 years ago.
I have been served a copy of the application he has made and the Court have not yet made a decision. My children and my cousins have all received forms today and do not know how to sensibly go about their response as they are shocked that he and not I am included.
Expert:  Joshua replied 2 years ago.
Many thanks for the above. Anyone can apply to be appointed as a deputy but it does not follow that the court will appoint the applicant. The court will first of all consider whether your mother has capacity. If she does the court will not appoint a deputy because it has no power to do so. The Court of Protection can only hear cases for individuals who lack mental capacity themselves.If your mother does not have mental capacity to make decisions for herself then the court can hear the case and will decide what is your mothers best interests and who or which parties are likely to be the best person(s) to at as her deputy(ies). From what you say if you are willing, you would appear to be a prime candidate either as an additional person or as an alternative to your brother.If you wish to be considered you will need to return an acknowledgement of service (COP5) which should have been included in the documents you received but if not can be downloaded here:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cop005-eng.pdfThe form is easy to complete and must be returned to the court within 21 days of service - I would suggest not leaving it to the last minute and a few days after sending phone the court to check they have received it as the court has something of a reputation for being slow and losing documents though they are a little better recently.You will likely wish to be joined in proceedings if you wish to be considered for deputy yourself. If so you will need to indicate this on the form.If other family members also consider you would be a better choice or at least that you should be appointed as well, they should be encouraged to also return the same form to the court though they do not have to be joined in proceedings if they just want to submit a statement but nothing more.The court will if persons object to the application on the above form schedule a hearing date and you will wish to attend. The court will determine based on the submissions from family members and questions it asks at the hearing who the best person is or are to act as deputy for your mother. Providing you have no history of insolvency nor unspent criminal convictions, based on what you say as above you would appear to be a prime candidate to take on that role if you are content to do so.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 2 years ago.
Thank you Joshua, I have felt very overwhelmed by all the forms and legalise. I have never been given the opportunity to handle mums affairs. On my fathers death my sister and brother in law, who live about 80 miles away, took all the paperwork and I had to deal with mum, who Dad had been caring for and hiding the extent of her Alzheimer's. I have cared for her and the home with a small allowance since. Any property issues I have referred to my sister and brother in law, but they have been extremely slow in agreeing to anything and reluctant to approve my accessing money to pay for things. Hence, we pay all the bills, although I have now discovered my mother is very financially sound. My brother in law has informed me that he has gifted unspecified amounts of money to my sister, from mums account, as he feels it is not fair that I am benefitting from the estate by living with mum. This does not take into account my loss of freedom, and being on call 24/7, and doing absolutely everything, as mum is incontinent and needs personal care. This reaction seems to be because I asked for funds to employ some carers to come to assist me. I am a signatory on mums account, but have never misused this access having deferred to them, but now I have gone ahead and got some help one night a week. They have taken steps to find a permanent care home for her although she is still capable and loudly so, to say that she wants to stay at home. I promised Dad I would look after her as long as I possibly could. They have said I am emotionally, physically and mentally unable to cope as I got stressed out before Christmas, but I had a brief respite over Christmas and have been fine ever since. Anything I have had to deal with for Mum has been nothing compared to the stress of this Court of Protection and the untruths I have seen on his application.
Thank you for the straightforward advice, I found it very calming. I do not like the prospect of going to Court, but I will, in order to protect Mum and for my own peace of mind.
Expert:  Joshua replied 2 years ago.
I am glad the above is of assistance. Reading through your comments, I would just like to pick up on the gifting of money from your mothers account. This is unlawful if done without your mothers permission and actually can amount to fraud. If he did so without your mothers permission then it must be returned and he may be investigated for financial abuse of your mother. His actions will give the court serious pause to consider granting deputyship to him and if you wish to oppose his application, pointing to these actions on his part would be a very powerful piece of evidence against him. Ideally you may be able to obtain financial statements to show the unlawful gifts but even if you cannot you can provide your statement about them so they can be investigated by the court.I hope the above is helpful. And best wishes.
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