Hi my son is 17. He lacks mental capacity. I’ve got mixed info on whether applying for Deputyship is a good idea. Expensive and intrusive yes, but is it necessary? Can anyone share why they did it and how it has been helpful when dealing with Adult Social Care?
I applied for deputyship for finance and health and welfare a few years ago for my son who is now 47 and lacks capacity to make anything but very basic issues. I particularly wanted health and welfare because of my sons difficulties with hospital treatment, but was given only finance. I`m told that health and welfare is rarely given unless there is an immediate problem but that doesn’t really make sense. I did the application myself, just pages and pages and pages of forms and yes officialdom does take notice if you say you are deputy but it doesn’t really give you any more power than best interests if prop Best wisheserly done. I recently tried to end my deputyship because I felt there was plenty of other protection particularly dols (my son is in a residential home) but was told I couldn’t , it would have to be passed to someone or to the court of protection, so be very careful !
Thanks very much. I had heard the same about Health and welfare not often being given and that’s what I want. Not being able to close it is a worry too. Having to hand it over, well who will want to take that on once we are no longer here? Unless you have a great family network! Sadly not.
I originally applied for deputyship in 2011 after a bad experience with my son in and out of hospital, but since then things have improved with specialist learning disability nurses at the hospital and specialist health facilitation nurses in the community. Also reviewing of social care has improved as has the Gps support and my son has not been hospitalised for several years. Which is why I havn`t felt the need to try to apply again for Health and Welfare. I feel I am consulted and listened to without the deputyship.
Of course what may happen in the future is always a big worry.
I was told the same so I have the same one has you .
I have been through this process and am now my daughters deputy for her health & welfare and property and finance.
Hi, we have just submitted all the deputyship forms for personal welfare and finance, any ideas how long the process can take from start to finish?Thanks x
Took about nine months for me @Piglet31
Thank you very much, hopefully it will be quite straight forward…x
You should be ok @Piglet31, if there is anything else they need to know they will write to you anyway. Hope it all goes ok.
@MeMaz and @Piglet31 did you write loads on form COP1 application form section 4.1 Your Application where you write why you feel it’s needed? For me it’s because my son is PMLD has poor communication, anxiety,sensory and severe and complex needs. and epilepsy. Unless you know him well you can’t interpret his attempts to communicate or worse if he doesn’t know you then he won’t try to communicate. How much more should I write? Also did you put anyone in the Respondents box? Currently there isn’t anyone who is likely to oppose this I suppose. I am just having his FACE assessment and so far ok but me applying for deputyship is to safeguard any future issues. All help gratefully received.
Hi @Carer1964 I didn’t put anything in box 4.1 but if you feel you need to write more then it can only help I guess. I also put my husband and younger daughter (18 at the time) in the respondents box. Hope that helps.
Hi @MeMaz the Respondent is the person who might be against your request to be deputy - feuding relative or Social Services I am guessing! As I’m only just at beginning of FACE assessment and not in any disagreement with them (yet) I have left it blank. I put family members in the section 5.2 below -’ those to be contacted about the application’. I hope this is right
Hi @Carer1964 as it says ‘people to be served with/notified of this application’ in 4.1, I put them in. Its in COP1B that asks about SS. I didn’t have anyone in dispute with or against me doing the deputyship so I just put for the relatives to be notified.
Hi there. I thought you might be interested in the following videos, which give family carers’ experience of the Mental Capacity Act. Video 6 here: http://www.hft.org.uk/Supporting-people/Family-carers/Resources/Using-the-Mental-Capacity-Act/#InvolvingFamilyCarers shows a couple describing their experience of applying for deputyship for finance and property. Video 4 on the same page gives their more challenging experience of applying to be health and welfare deputies.
All the best,
An update for anyone interested. I FINALLY got through to someone at the Court of Protection who told me that we would not be awarded deputyship for health and welfare unless we were in dispute. He advised we would lose the £400 it costs to apply for it as this would not be refunded when it was turned down. Seems ridiculous that you have to be in dispute before you can apply since that is the very time you won’t have brain space for all the forms. Whilst I have spoken to several people who have been awarded this when they have NOT been in dispute I can only assume the rules have changed very recently but again can find no record of that or anyone who can explain this is the case. If anyone else has any update on this or has applied for this recently and been awarded it, please post.
Just to let you know that Katherine, a solicitor with Renaissance Legal, has started an Ask the Expert thread on wills, trusts, Court of Protection and Power of Attorney.
If you have any further questions, feel free to post them there.
3 mouths my took just for finances
Hi there hoping someone can help me as my brain is frazzled! My daughter with learning difficulties turns 18 later this year. I am unsure if I need to apply for LPA or deputies so that I can help her with her financial, health and wealth decisions. Please can someone help me. Thanks Joanne
Hey @Carer1964, @MeMaz, and @Piglet31, are you able to help Lily-Lou out with your expertise?
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