Court of Protection Deputyship for Health and Welfare - anyone done this?

[MeMaz]

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.

MeMaz

[Carer1964]

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

[MeMaz]

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.

MeMaz

[miriam.valencia]

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,
Miriam

[Carer1964]

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.

[sianwhite]

Hi everyone,

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.

Thanks,
Sian

[David]

3 mouths my took just for finances

[Lily-Lou]

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

[sianwhite]

Hey @Carer1964, @MeMaz, and @Piglet31, are you able to help Lily-Lou out with your expertise?

[MeMaz]

Hi Lily-Lou, I am my daughters legally appointed deputy through the court of protection. She is 22 and has complex needs including LD’s and is functioning at around 8/9 years old. She is unable to make the most basic of decisions inc what to have for breakfast or what to wear each day. For LPA you will need your daughters consent I believe but the deputyship is decided by the courts so my daughter was not involved in the process. It will depend on your daughters mental capacity. Our GP assessed my daughter as lacking in mental capacity and I applied for the deputyship. It took about 9 months and the courts write to you every step of the way in quite legal terms obviously but it was ok. Hope that helps a little!
MeMaz

[Lily-Lou]

Thankyou so much for your reply this really helps me.

[MeMaz]

Here if you need me @Lily-Lou.

MeMaz

[Lily-Lou]

Hi MeMaz,
Sorry but another question if you don’t mind.
Has having Deputyship enabled you to have a say in your daughter’s decisions in relation with Health and Financial matters?
Thanks
Jo

[MeMaz]

Hi yes @Lily-Lou, I applied for both and got both of them ok. As long as you do everything for the persons best interests then its ok. I make notes of any appts and keep receipts and bank statements as you are required to fill in annual reports for the courts. Hope that helps Jo.

MeMaz

[Lily-Lou]

A real help. Great MeMaz. Thankyou.

[Ang1e]

Hi MeMaz,

I came across your postings relating to a question raised by another poster asking if anyone had applied for deputyship for health and welfare. I wonder if you may be able to assist me.

Our family are trying to move my brother to a residential care home closer to family as we feel his current home are not providing for his needs. Like your daughter he also lacks mental capacity, has LD’s, autism, and functions at the level of a toddler.

My brother is currently self-funding and we have been advised that it would be less complicated to move my brother if we had the deputyship for Health and Welfare. My father already holds his financial deputyship.

We are due to meet with social services next week to discuss this.

Can you tell me what circumstances people ordinarily might apply for the H&W deputyship? We’re unsure what the implications may be in applying and if we do decide to go ahead then we need to make a strong enough case.

Any information or links you can provide is greatly appreciated.

Thanks,

Ang1e

[MeMaz]

Hi @Ang1e, if your father already has the financial deputyship then I’m sure it would be ok just to apply for the H&W to run alongside it. You could say about the change in his circumstances re: the residential care home & wanting him nearer to where family are living and that’s your reason for applying. As he lacks in capacity he would not be able to do this for himself and you can prove you would be acting in his best interests so it should be ok. I would get the forms and take it from there. All the best.

MeMaz

[Jac64]

Hi
my son is 21 and we have just won Deputy ships for both Finances and Health and Welfare.
Like other we wanted Health and welfare because of problems with dental treatment in the past and i kept being asked what right i had to speak for my son. This annoyed me.
The application was turned down originally, however we appealed and paid for a barrister who specialised in Child welfare cases. He felt we had a good case as we could evidence the problems we had encountered in the past.
Before you ask yes it was a costly process, but we have felt it was what we needed to do for the sake of our son.
If your young person has encountered problems on several occasions with health professionals who wont listen to you as a parent( who knows your young person the best, re triggers of behaviours and anxiety) then i would say persevere.
We are as yet to use the Order .

[Ang1e]

Hi MeMaz

Thanks for the info. I’ve printed off the docs and we’ll look at completing them tomorrow.

We’ve got the docs from the Financial deputyship application so we should be able to copy all but the one relating to H&W.

Thanks again for the advice.

Ang1e

[Ang1e]

Hi Jac64,

The point about dental treatment is an interesting one as my brother needs to attend the hospital to be anaesthetised for his treatment. That’s something we can add to our application, as well as his residence issues.

Thanks for the information.

Ang1e