Court of protection been suggested but we dont wan... - Headway
Court of protection been suggested but we dont want/need to go down that route-any experience or advice?
I'm in a similar situation and quite worried about how much control someone else can have over my settlement
I have sent you a private message-if you could let me know if you received it. thanks
Seems like me and you are at the same point again Pollyanna!! and don't worry I will inbox you back tonight just got the kids running round like loons at the min.
After we last spoke we met with the Deputy and OH wasn't happy with her, anyway after our solicitors released we were very upset they agreed to change the deputy to someone we like. Anyway the new deputy visited us in our home instead of us travelling down there. He answered a load of questions and we are now happy.
When OH was speaking with the solicitors he said he didn't want it to be a stranger and why couldn't myself or another family member do it.... he even suggested our solicitor do it. Anyway after I spoke with her I finally after all this time found out that they have to appoint a deputy because my OH lacks capacity to make all his own decisions. We need to appoint a professional now and then once the claim has been settled and our life is starting to settle down we will then stop the professional deputy and I will become deputy.
The reasons for this are...
1) The PD charges a fee which needs to be recovered in the claim.
2) If no amount has been put aside for a PD and in the future OH needs a PD it will come out of the awarded amount that hasn't had money set aside for this.
Basically we appoint one now and cancel it off later, Then in the future if say I was to pass away and OH then needed a prof there is already money awarded for this. If we don't appoint one now there is no money awarded and if the same thing happened and I passed away he would then have to pay out for a professional from his other money awarded for other things.
I would ask your solicitor if you can cancel the professional deputy services after the claim is awarded and they should tell you the same thing I have told you. Plus from speaking to the actual deputy there is loads of stuff that they can do to help you out while they are the deputy, a lot of of the record advice if you get my meaning.
Hope this helps and when the monsters are in bed i'll inbox you and let you know how the case manager has been doing, and the care worker situation xx
Look forward to hearing- why cant things be simple-feel like everyone is playing with our lives and it is a game we are all unfortunately part of! x p
Yep we r all just numbers in some hideous game getting reports from 2 sides both influenced by there instructor/payer why isn't there a rule that medical professionals are joint instructed and there sole task is to write a genuine and fair report of the victims injurys in our best interests. Drives me mad x
Many thnx for your message, completely agree -we are all like puppets with our lives completely manipulated. Looks like we are all in the same boat best keep rowing!!
Hi Pollyanne, I have inboxed you a message x
Hi everyone,
Just wanted to let you all know that we publish a booklet that explains the Court of Protection/being a deputy etc. It's called 'Supporting people to make decisions: applying the Mental Capacity Act'.
I'd be happy to post a copy to anyone who's interested - just send us a private message with your name and address and I'll post it out.
Best wishes,
Headway.
Update to everyone! we have found out that OH needs to be deemed as being able to control his own finances and make his own decisions(we think he is) but he has to have a doctors opinion regarding this ability so hopefully we are on the way to taking control of our lives once again (fingers crossed) and are waiting on a doctors report at the moment!!!
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