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Clare, Solicitor
Category: Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need to apply to manage my mother's affairs as she

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Hello. I need to apply to manage my mother's affairs as she has lost mental capacity and has not nominated a deputy or given power of attorney, though she and I discussed it before she lost capacity. I understand that I need to apply to the Court of Protection but it all looks rather scary and a bit bureaucratic. Is there anything i need to be aware of and what is it that the court looks for and checks?
HiThank you for your questionMy name is ***** ***** I will do my best to help youWhat help do you need?
Customer: replied 2 years ago.

Well I'm just concerned about the application and what kind of application I need to make. We had planned to go for power of attorney but it's too late for that. I just want to know what kind of thing the court looks for and how much needs to be disclosed.

Have you looked at the paperwork available on the Court of Protection site?Sorry to have to ask - but have you ever been convicted of fraud or made bankrupt?
Customer: replied 2 years ago.

I have looked at the stuff on the CoP site and OPG but it's all a bit confusing and some of the questions are a bit ambiguous. I have never been convicted of fraud or made bankrupt. This this is for my mother I'm applying. She was diagnosed before we / she could act and now it's reached crisis point where we're having to make decisions on her care and maintenance and can't legally access what funds she may have. For example am I applying to be a deputy or am I applying to just have management of her financial and property affairs. There is one question that is asking the same thing twice. I'm also keen to know what information is provided up front - i.e. how am I to access her accounts and provide a status report if I don't have legal right to do so? I'm concerned about handing so much power to the court given that I have no real faith in the current system of care.

You have already satisfied the two most serious points - the fraud and the bankruptcyDo you have access to her paperwork - bank statements etc?
Customer: replied 2 years ago.

Hi there, Yes. most of it. there may be some that we're not aware of. She had savings accounts and insurance policies all over the place. But I think I have the bulk of it. She also has debts so I need authority to move money from once place to another. I'm also struggling with the form in that I have no idea who needs to be informed and how many organisations I need to inform at application stage. There don't seem to be any guidance notes for the form and I'm wary of potentially filling it in wrongly, because of any issue I might have with apparently not being truthful or possibly lengthening the process. Should I call the OPG? Also the form asks about permission. What does this relate to? Do I need permission and if so who from?

Can you give some idea of the overall value of the assets - and is there likely to be any arguments about how your mother should be cared for?
Customer: replied 2 years ago.

Oh yes. There could be arguments over how best mum is cared for. Up to now we have managed to sort it between us but one of my sister's is quite combative. The value of assets, including family home, is circa £250k. We - two sisters, are currently looking after her at home, but we have have to confront the idea that she needs to go into a care home. I'm trying very hard to make sure that if that happens, at least her home won't need to be sold.

You will certainly need to apply for the right to deal with the Finances - but there is no need to apply for a Personal welfare one at this stageYou do not need permission to apply - you just need to work through the forms and send them to the Court of ProtectionThe forms look complex - and they are repetitive - but if you take it steadily you should be able to complete them feel free to ask about any specific problems
Customer: replied 2 years ago.

Thanks Clare. How rigorously are they checked? e.g it asks who should be notified and at this stage I have no idea? Who does need to be notified? Can it be challenged?

They are checked very carefully.You have to give Notice to the patient (your mother) and any interested parties - the guidance given is You must provide the details of other people who are likely to have an interest in being notified of your application. You must notify these people when the court has issued your application form. They have the opportunity to apply to the court to be joined as parties to the proceedings if they wish to participate. You should seek to identify at least three people to be notified of your application. If you have not already named the following close family members as respondents, they should be notified in descending order as appropriate to the circumstances of the person to whom the application relates: a) spouse or civil partner b) person who is not a spouse or a civil partner but who has been living with the person to whom the application relates as if they were c) parent or guardian d) child e) brother or sister f) grandparent or grandchild g) aunt or uncle h) niece or nephew i) step-parent j) half-brother or half-sister Where you think that a person listed in one of the categories ought to be notified, and there are other people in that category (e.g. the person has four siblings) you should provide the details of all of the people falling within that category – unless there is good reason not to do so Once they have been given notice they have 21 days to challenge the application
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