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Category: Family Law
Satisfied Customers: 977
Experience:  Expert
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I need help with a court of protection matter.

Customer Question

Hello. I need help with a court of protection matter.
Submitted: 11 days ago.
Category: Family Law
Customer: replied 11 days ago.
Hello. I was an appointee for a relative, who currently resides in a care home, unfortunately, I was not managing his finances well therefore this was revoked in 2016 and now the local authority is managing his finances. I now want to reapply to be his appointee as things have changed since 2016 I am now a responsible person and teach individuals how to manage their finances. I sent a letter to the local authority asking if I could reapply to be my relative's appointee and they said no due to a safeguarding issue. My sister then sent an email to the local authority asking the same and they gave the same reply. From a legal standpoint do my sister and/or I have the right to appeal? Or would this be a court issue.
Expert:  Virtual-mod replied 11 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 11 days ago.
I am ok with continuing to wait for an answer. Thank you.
Expert:  MarianC replied 11 days ago.

Good afternoon, thank you for your question. Do the local authority mean there is a safeguarding issue due to possible financial abuse or do they mean physical abuse?

I think it is unlikely that the Court of Protection would remove a local authority from their current position and if you wanted to apply to the Court of Protection for a ruling it would prove very expensive.

Kind regards


Customer: replied 11 days ago.
Hello MarianThe safeguarding issue was concerning financial abuse, However, that was in THE PAST - over 5 years ago, (people do change for the better you know). Both my sister and I are highly responsible individuals and are excellent money managers. I want an answer to the question: Could my sister and I take the case to the Court of Protection? And based on past similar cases (if you know of any) what will our chances of winning be? In addition, I didn't ask you any question relating to the costs as I am a wealthy woman and am able to easily pay any costs.
Expert:  MarianC replied 11 days ago.

Yes of course you can take the case to the Court of Protection, you may wish to instruct a direct access barrister.

Expert:  MarianC replied 10 days ago.

Good morning do you need any further assistance?

Customer: replied 10 days ago.
Hi. Yes, I do. Please bear with me and I’ll get back to you with the further questions I have. Thank you.
Expert:  MarianC replied 9 days ago.

That's fine, just let me know.

Customer: replied 9 days ago.
Will do. Thanks
Expert:  MarianC replied 8 days ago.

Good evening, shall I close this thread for now?

Customer: replied 8 days ago.
Hi. Not yet, please bear with me. I will get back to you tomorrow.
Customer: replied 6 days ago.
Thank you for you response.My sister and I have decided that we would like to legally challenge the decision of the local authority(1) What are the next steps in proceeding with this route?(2) Can my sister make a direct application to the DWP or is it only done through the local authority?(3) Was the local authority correct in deciding my sister cannot apply to be our father’s appointee, as she had nothing to do with handling his finances in the past and the local authority made their decision using out of date information?(4) I know of an exact case where a different family member became the appointee after that position was revoked from the first family member. Why would they say yes to that family, but, no to my sister? And, can I use that case to back up mine?(5) What is a direct access barrister?(6) What will the approximate costs be?
Expert:  MarianC replied 6 days ago.

You would need to make an application to the Court of Protection. A family member being replaced is rather different to a local authority being replaced, you would need to use cases that have been decided in court, not a family situation. You should use a barrister to put your case at the hearing, a direct access barrister does not need a solicitor to instruct them. I have no idea of the costs I'm afraid, at least £10,000 upwards and if you lose you have to pay the costs of the local authority too.

Expert:  MarianC replied 5 days ago.

Good morning, can I help you further?

Customer: replied 5 days ago.
Expert:  MarianC replied 5 days ago.

Thank you, ***** ***** me again if you have further questions.