Court of protection: Hi, I'm new to this community... - Headway

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Court of protection

scousemouse29 profile image
13 Replies

Hi, I'm new to this community.

My husband had a cardiac arrest nearly five weeks ago and was without a pulse for around 30minutes. He was sedated for over three weeks due to a difficult airway.

He's now awake and he is interacting with us intermittently but can't talk to us even if he wanted to due to tracheotomy. He seems to be doing quite well considering he's not even been off sedation for two weeks yet.

I am a bit concerned that he has seemed depressed last day or two which I plan to to speak to the doctors about.

I'm also very concerned financially as I'm in a low paid job and he is the chief earner. His employer has told me he will get another 20 weeks on full pay but then go onto SSP. I have some savings which won't last very long. My husband Glenn also has savings which I will probably need to pay the mortgage.

As not even the doctors know what sort of recovery he will make, I'm wandering if I should start the process of going to the court of protection?

Anyone had to go through this experience of the process?

Thanks

Michelle

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scousemouse29
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13 Replies
Froggiefrog profile image
Froggiefrog

Hi Michelle,

Apologies if you have already done this, but it may be worth checking if there is a period where Glenn is entitled to half pay after full pay, in the terms of any contract with his employer.

I would also think it could be worth speaking to the mortgage lender regarding the situation, as it is possible they can help, but probably only if you tell them as much as you feel you can about it.

The situation is stressful for you, I am sure, but whilst I know where your focus will be, please do not disregard your own mental and physical well-being in your desire to support others. There is help about there, in terms of advice and support, which you can decide if you think will be beneficial or not to you both.

I am sure it will feel like you have so much to deal with, but, as with so much, I would say one day and one issue at a time might be a strategy worth trying..

Take care. love to you both and hopefully others may be able to add more specific advice, based on their experience.

K

sealiphone profile image
sealiphone

The Court of Protection covers situation where the individual does not have the mental capacity to consent to a Lasting Power of Attorney, from what you say this may not be the case.

It will depend on who or what you wish to do but for many things such as banking and mortgage the company may have a authorisation form enabling you to act of your husband's behalf.

Useful links

gov.uk/courts-tribunals/cou...

nhs.uk/conditions/social-ca...

citizensadvice.org.uk/famil...

A CAB should be able to look at your particular situation and advise on benefits etc.

Lynd profile image
Lynd

My husband had little oxygen to the brain due to cardiac arrest.

I would recommend you write to everyone you owe money to explaining the situation. I found everybody very understanding.

My husband's speech therapist and OT set up the power of attorney. This took quite a long time as they both had to be satisfied that he wanted me to hold that position.

I would say from my experience start the ball rolling as soon as possible.

Power of Attorney is easier.

Be prepared for a long wait so it's imperative you contact mortgage people.

Good luck.

scousemouse29 profile image
scousemouse29

Thanks for the replies.

SAH-survivor profile image
SAH-survivor

Hi

Do you know if you have life insurance/critical care cover for your mortgage?

Alb64 profile image
Alb64

Hi sounds similar to my husband.He had cardiac arrest 2&half years ago.Don't know how long before he was found as he was working on his own.3weeks in coma after having stent in.Resulted in hypoxic brain injury.5months in hospital and rehab.I didn't return to my stressful job after as I spent every day with him at the hospital.Until things are clearer 're his possible outcome not sure how you go on.Inform mortgage provider etc.My husband had all household bills in his name so very frustrating when they say they will only speak to the bill payer.I remember being in tears of frustration trying to sort things out.Still have odd time when they want to speak to him but I have power of attorneys which is slightly easier.Couldn't have coped without the help of family.Try carers first who will point you in direction of help or headway.Good luck .x

scousemouse29 profile image
scousemouse29

Thanks for the replies.

I think I might just be panicking a bit. I know for the next five months there will be enough money to pay all the bills as he is still being paid from work. I also have some savings that would last 3 or 4 months.

I might be fixating on finance as a way of distracting myself from just how ill he is and how heartbreaking it is to seem him this way.

He's only 5 weeks into the journey and the doctors cannot say as yet to what extent his brain is injured.

He may possibly be able to make a power of attorney sometime in the future if not I will have to go to the court of protection.

Lynd profile image
Lynd in reply toscousemouse29

It is heartbreaking. I found it really hard to focus on the finances during that time

However it took me six months to sort it out and that is why I suggest you don't delay.

I found no one would speak on the phone re debts etc so it is best to write.

Wishing you all the best.

oldbessie profile image
oldbessie

So very sad to hear this. I think you may be best to wait another couple of weeks before thinking about going to the Court of Protection. It seems he is making quite a good recovery, and and over the next couple of weeks, you might be better placed to make a decision.

Is his job being kept open, or do you think he might be ill health retired? If so, he will be entitled to a lump sum payment from that.

I wish you well, and have a look and see if your mortgage might be covered. You may have tough times ahead, I certainly did, but you can overcome them.

xx

jayne_h profile image
jayne_h

Hi Michelle,

So sorry to hear about your husband's situation and your financial difficulties if this persists. As someone else said here, the citizens' advice bureau should be able to give you some advice here. It's early days yet but have a look at the headway leaflets which are excellent.

There are ways in which your husband can communicate without his voice. Try these to make him feel like he can interact. Squeeze a hand once for yes and twice for no or use blinking to communicate this.

When he is able to drink and eat normally, have a look at Tina M Sullivan Nourish your Noggin and her recipes to help anyone with a brain injury recover (more for post concussion syndrome patients but may help). She lists herbs and spices which may help. Turmeric is a good one and you can make lattes with that or put it and others in a smoothie.

I hope your husband improves and that you get the other worries sorted out soon.

J

SuePS1958 profile image
SuePS1958

Hi there, When SSP ends your husband may be entitled to Employment support Allowance even if he still gets half pay. When SSP ends the employer issues an SSP1 form. Give DWP a call to let them know the SSP1 form has been issued and contribution (national insurance) based ESA may be available. - its about £70/week which can help a bit.

steve55 profile image
steve55

speak to your mortgage lender explain the cicumstances , do it now and they can advise you further. i think you can apply for housing benefit and if you qualify, they will pay the interest.

Let your mortgage people know, keep talking to them

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