What does this mean

[Jennymary]

Yesterday I received a letter, my sister also got one and I expect our brother did as well, stating a Deputy for mum has been appointed and will begin the process of opening a deputy bank account, and if I'm reading it correctly this person can take over all mum's financial affairs, should we be concerned, brother and sister still live in the family home and when we lose mum it's to be shared between the 3 of us

[Hidden]

Hi Jennymary,

In short, yes, the Court of Protection can appoint a Deputy to take care of your mum's financial affairs, when she's found to have insufficient mental capacity to cope with them herself, (often through dementia). It would be quite odd though for things to have got this far without your having any knowledge that such a move was pending.

It's difficult to know how this has come about based just on your question, but crucially, if your family home is Willed to all three of you, this would, of course, be honoured after her death. And regardless, you couldn't be deprived of your home while she's alive. (I know you have posted here before but I can't recall whether your mum is at home or in a home).

A separate bank account will be opened on behalf of your mum to deal with her affairs, but it sounds to me as if all three of you need to confer and to ask some questions about what has gone on prior to your all receiving these letters, and exactly who is appointed to be your mum's Deputy. I'm not all that au fait with the rules, but I believe that three persons must put their names forward to be chosen to act as Deputy, and these people can be a part of her family, so it's a little bit mystifying that this has come out of a clear blue sky for you all.

I hope you can get the answers you need. And I hope that someone here with a little more knowledge than I have, can give you some further information.

With very best wishes.

[Lucyjane1]

Hi, someone must have requested the deputy service, I think, not sure, but yes you normally have to go to them for money if your Lo requires money for clothes or new Furnature etc.

[MAS_Nurse]

Hello Jennymary, I would agree with Callendersgal on this one, it is worrying though that you have not been contacted before about this subject. I believe you need to get together with your siblings, take the letter into CAB where they do have a solicitor service that can possibly advise you.

There are some useful 'pinned and topic posts' that my also be of assistance on here.

(Legal and Financial - topic post and pinned post - Financial Scamming - ask me anything.

I hope you are able to receive the advice you need and do please keep posting on here as I am sure the members would like to know how you are getting on.

Do any of our members have any further info that could help Jenny please?

MAS Nurse & Moderator.

[lell1]

The Court will only give the deputy power to make decisions about specific issues. This is because the deputy is appointed after you lose capacity and you haven’t chosen this person yourself.

What decisions can a deputy make?

The decisions your deputy can make will depend on your needs and particular circumstances. A deputy can only make a decision that the Court has given them the power to make. So, for example, they can’t make a decision about your treatment if the Court has only given them the power to make a decision about your care arrangements. A deputy can never be given the power to make a decision about life-sustaining treatment.

A deputy must always make decisions in your best interests.They must also do as much as possible to help you make a decision for yourself if you can.

Welfare deputies are appointed relatively rarely. This is because the Mental Capacity Act (MCA) states that if a serious decision needs to be made about a person’s welfare, then a decision by the Court of Protection is better than appointing a deputy.

The Court of Protection will be able to appoint deputies who can also take decisions on health and welfare and financial matters if the person concerned lacks the capacity to make a decision. They'll come into action when the court needs to delegate an ongoing series of decisions rather than one decision.

If the person concerned already has an LPA appointed, they won't normally need a deputy as well. The Office of the Public Guardian registers LPAs and EPAs, and supervises court-appointed deputies.

Maybe your first step is to have a chat with the appointed deputy regarding your concerns?

[Hidden]

I think it’s disgrace if courts was going to do that should of had someone looking after her best intrest AS well I.e social worker or family if possible should always be first in my opinion.

If someone finds someone dose not have capacity the law says should be whiteness AND someone acting independently to look after her best intrest.

Clearly sounds to me that court appointment deputy with out due process