Court of protection advice: Hey folks I'm trying to... - Headway

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Court of protection advice

Dorsetcharlie profile image
5 Replies

Hey folks

I'm trying to decide whether I should take over deputyship for Jake's finances. Currently he has a professional deputy who charges us £000's each year. Having spoken to the Court of Protection advice line today it sounds like I'm doing 80% of the admin and record keeping and so, on the surface, it feels like the right decision.

I realise however that this may be a naïve view and wondered if anyone on here has personal experience of acting as their spouse's deputy.

Any insights or advice would be greatly appreciated!

Thanks, C x

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Dorsetcharlie profile image
Dorsetcharlie
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5 Replies

I assume you live in the UK

I would strongly recommend getting advice from an advice centre or find a solicitor that gives free advice sessions ( Headway have a list of Solicitors I believe )

We went through this with my Mother in Law and Uncle but then it was the Court of Protection (I think) we dealt with

Have you browsed the web

My Dad raised a Power of Attorney for my sister & I to act on his behalf if he became incapable. I manage all his affairs financial, practical the lot. We don't have to refer to him for anything.

I'm not sure if your situation is exactly the same or not but it may be worth talking to a solicitor to see how the law stands on Powers of Attorney now.

Tortie14 profile image
Tortie14

This is not exactly what you asked - sound advice so far. After my Mother's first stroke she was able to understand and sign a power of attorney for my sister and I to act on her behalf - thank heavens - as not too much later she had further strokes and would have been unable to do so - and we would have had a more complicated situation for the next 8 years as she had successive strokes and increasing incapacity.

In general I think why pay someone who will be charging you professional fees for every second they work on your husbands behalf, if you are doing 80% of the work yourself and feel capable and it wouldn't add too much more stress. After all, in many marriages one partner looks after the finances for both (traditionally the man but of course now often just the one with most capacity for finance and organisation).

Good luck with sorting out what's best for both of you.

cat3 profile image
cat3

My cousin took on power of attorney when my aunt developed dementia although everyone worried that it would be too much for her. And when my aunt died my cousin acted as executer of her mother's estate and, having had no experience of legal/financial matters whatsoever, acted entirely alone with only the help of the internet.

I have no doubt Charlie that you are more than capable of acting as Jake's Deputy which certainly would save you £1000s !

headchild profile image
headchild

My husband and his brother were joint power of attorneys. MIL needed a nursing home. All her monies were dealt with by my husband. I can't remember any big challenges with this.

On her death the families solicitor saw the to Will execution

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