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Author Topic: Court of protection, deputy order  (Read 1188 times)

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Lincs Robert

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Court of protection, deputy order
« on: 09 September 2017, 09:03:50 »

Seems that we will have to go down this route with Father who has been judged incapable of understanding what power of attorney means - the legal profession have to undertake an assessment, which he didn't pass.

So, in order to look after his affairs we will have to get a Deputyship approved by the court. I'd never heard of this before, but there again, I've never been in this position before.

Does anyone have any experience of this situation - which it looks like I'll be in fairly soon.

Thanks - Rob
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Shackeng

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Re: Court of protection, deputy order
« Reply #1 on: 09 September 2017, 10:22:35 »

Sorry to hear that your Dad is in this position and you have to go down this route Rob.
It does raise the issue of elderly parents, of which I am now one. Some years ago, my wife and I made out Enduring Powers of Attorney for ourselves in our children's names, such that if/when we become incapable they can smoothly take over the reins, and administer our accounts etc. It makes sense for all of us to do so while our parents are still capable of understanding the issue. Of course there is the matter of trust.
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Lincs Robert

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Re: Court of protection, deputy order
« Reply #2 on: 09 September 2017, 12:40:15 »

Sorry to hear that your Dad is in this position and you have to go down this route Rob.
It does raise the issue of elderly parents, of which I am now one. Some years ago, my wife and I made out Enduring Powers of Attorney for ourselves in our children's names, such that if/when we become incapable they can smoothly take over the reins, and administer our accounts etc. It makes sense for all of us to do so while our parents are still capable of understanding the issue. Of course there is the matter of trust.

Thanks. Youv'e done exactly the right thing. Dad agreed to going down the POA route, but when the solicitor came to discuss it with him he failed to demonstrate the necessary understanding. Great shame as he is ok a lot of the time & unfortunately had the discussion on an off day.

Life, eh! Last week he was taken out to lunch with some old work colleagues, but the person who gave him the lift had to leave early. At leaving time Dad was given lots of offers of lifts home - which he declined as "I've got my car here, I'll drive myself home". Except his car wasn't there as I sold it a fortnight earlier - which his pals didn't know. They then spent ages looking for it & someone had the foresight to call Mum prior to calling the Police as he was adamant he'd driven there. Taxi home time  :-[.
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Shackeng

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Re: Court of protection, deputy order
« Reply #3 on: 09 September 2017, 18:35:23 »

 I feel for you Rob. :y
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Shackeng

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Re: Court of protection, deputy order
« Reply #4 on: 09 September 2017, 18:36:46 »

Seems that we will have to go down this route with Father who has been judged incapable of understanding what power of attorney means - the legal profession have to undertake an assessment, which he didn't pass.

So, in order to look after his affairs we will have to get a Deputyship approved by the court. I'd never heard of this before, but there again, I've never been in this position before.

Does anyone have any experience of this situation - which it looks like I'll be in fairly soon.

Thanks - Rob

Any chance of trying another solicitor on one of his good days?
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Lincs Robert

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Re: Court of protection, deputy order
« Reply #5 on: 10 September 2017, 07:38:37 »

Seems that we will have to go down this route with Father who has been judged incapable of understanding what power of attorney means - the legal profession have to undertake an assessment, which he didn't pass.

So, in order to look after his affairs we will have to get a Deputyship approved by the court. I'd never heard of this before, but there again, I've never been in this position before.

Does anyone have any experience of this situation - which it looks like I'll be in fairly soon.

Thanks - Rob

Any chance of trying another solicitor on one of his good days?

We've discussed that idea, but the "days" are more like 15/20 minute slots which get muddled up ... The plans in place, we just have to move forward with it.
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