While I'm hoping for a quick and full recovery for my wife, there is a very good chance that I will need to apply for 'deputy' status from the Court of Protection (financial rather than health at this stage).
I've read a bit about it including the gov.uk pages and have spoken informally with a local solicitor. I did also briefly cover it in a general phone call with a Headway nurse but that was (a) along with other issues and (b) only about a week after my wife's sedation ended.
I seem to be being told that, on the one hand, this is not something to rush into and, on the other hand, that it can take up to six months.
I'd be interested in other people's experience here.
Have you done it? How long did you wait?
Did you do it yourself or through a solicitor?
Did you have any issue getting a medical opinion?
Most importantly, what would you do differently if you were in the same position again (or my position)?
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HubbyOfSeriousInjury
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Hi, depending on your circumstances probably don't rush. Apparently bank could close down joint account, which creates a mess if you have direct debits etc for household bills, this bit did concern me. Like you I was told it could be slow process, up to a year. The process hasn't got far for me as I am up and down the country half the week visiting my husband, so not much time for other things, like visiting solicitor. I will use solicitor, because expensive as that is, I want less worry.... However, the pages of forms I've already filled out, did make me wonder... maybe I could have done this myself. Also, although my husband cannot communicate he is I feel getting more and more aware/awake and whereas the doctors before kept telling me I was "just seeing things that I wanted to see", finally they are seeing those things too!! Which is great!
So I am thinking maybe 'power of attorney' might be more appropriate....providing a solicitor would accept eye movements as communication !!
I gave the name of the consultant at the rehab hospital to the solicitor, at the time he was saying 'Vegitative state' now he thinks possibly 'locked in syndrome '.
Sorry this all sounds a bit garbled, just trying to find my way.
And that's the bit that concerns me... that the bank could freeze our joint account. Everything goes into and comes out of there with our own accounts being 'pocket money' accounts for personal spending.
Hello.I have been appointed as deputy for my husband in June after applying in March. The official papers came 3 months later. They put Harry instead of Henry so I am now waiting again for the correct sealed copies of the order to send/ show to the bank, etc…So it does take 6 months or more.
Like you I was told to wait as Power of Attorney is a lot easier and quicker.
It all depends on the medical assessment regarding full mental capacity. That was done by the speech therapist at the rehab unit my husband went to. Although my husband has some mental capacity he is probably not able to weigh the pros and cons for making important decisions.
I was lucky for a pro bono ( free) legal service made available by a firm of solicitors working in conjunction with the rehab unit. You could ask your local CAB for information. It probably is better to do it through a solicitor.
I can’t tell you about bank freezing joint account as I have been paying all the bills through ours for over a year. They were told informally though.
I am not sure this will help. This has been my experience. I would definitely wait if I were you until you have a better picture of your wife’s recovery.
Wishing you all the best . It will be a long road but stay positive!
I became a deputy for my husband back in 2002 and that was done after 7 years of fighting a court case after my husbands RTA. It was all done through his solicitors and doctors at the time under the courts advice. We live in Northern Ireland and things are done a little different to England where being a deputy can be quite difficult from what I have been told by other people there and my husbands solicitor. The main thing is that you look after your wife and keep documents for every expense your wife has or any expenses associated with your wife that you personally might have to pay for. The way things were done here were so simple, I could go in and chat with the court officers, there were some occasions they came out to see us both and check everything was ok with my husband and check the books that I kept. We had to have a house built for my husbands disabilities and also a change of car for his mobility and everything had to be justified and they would normally cap it the amount you could spend. This is to protect the client, but they were approachable & would listen if more needed to be spent, especially on the house. With the car I found that if we wanted to spend more than what they were willing to put towards the car then I just added the extra myself. They gave me a set amount each month that was quite generous and I told them I only needed half of what they offered to pay the expenses. They would review this each year and ask if I needed anymore that what they were giving. In all the experience we have had has been a good one with only a couple of niggles along the way. The settlement that my husband got was managed by the courts official appointed finance & investment firm and you have no say in how that money is invested. Every so many years the contract for the finances is put out to tender for other financial firms to bid on it, so the finances can change over time. Here is a link for you to look at & it might help answer some of your questions and worries that you might have;
If you don't feel you can be a deputy as looking after your wife is a big responsibility then you can nominate a solicitor or somebody else to the court, they will interview them for suitability, but for me I did it myself as I believed I knew my husband best & what he needed.
There was no problem with getting the medical opinion as my husbands injuries were so bad, but I have heard that a GP can even ask or approve this along with the medical evidence from the consultants who are looking after your wife.
You will always get differing opinions from the medical people on everything, you know your wife better than them and sometimes you have to fight hard to get what you know is right for your wife. Over the years I have had to fight with consultants, health authorities to get what was right for my husband in the long run. It is not easy and it can be a draining and lonely road or that was my experience as my husband was in a bad way.
Headway was a real help for me through all of this and if it wasn't for them & friends I think I would have gone under myself at certain points.
If I can help answer anything else that you might have now or need to know in the future, I always drop in and read each day. Don't worry about the courts you will sort it all out & in my experience they were very helpful. The main priority for you as it was for me is your wife's health and quality of life.
Hello, very sorry to hear about your situation. I applied to the Court of Protection to be a deputy for my uncle when he lost mental capacity. I applied with my sister and we managed it without a solicitor - so it is possible. If you are happy with paperwork and to go through it all very carefully, it is possible. Very long-winded and a long time lag in processing the application though, and if you miss a single box they send it all back to you. It's probably better to start sooner rather than later, because it appears they actually only 'fast track' if you are running up debts. The bank didn't freeze my uncle's bank account while we were applying - and just gave us bank cards and internet access when the thing was done. As you have a joint bank account, I don't see that the bank needs to be informed yet? But keep an account of any of your wife's expenses' in the meantime.
When your wife recovers mental capacity, it again takes a while to cancel the deputyship and apply for a power of attorney, but it's not a difficult process.
If it was me, even though it was long-winded, I'd just get on and do it, if that helps?
Bumping this one to the top again as I have a specific query for those that have been through the process.
I've decided I need to get on and do this now. Apart from anything else - it is the financial situation right now that is keeping me awake at night. I'm obviously still worried about my wife's medical/neurological condition but I accept and understand where she's up to. It's the thought of our bank freezing our joint account and stopping paying mortgage/bills/etc that is keeping me awake.
Anyway, I've looked at the forms and I think I can fill them all in except when it comes to her financial details. Almost everything of ours goes into/out of the joint account but we do have our own 'pocket money' accounts. She has a current account of her own, an ISA and a personal credit card. I have no way of knowing what the balance of each of these is without talking to our bank. I can't talk to our bank until I am her Deputy or I fear they will then freeze not just her own accounts but our joint one to.
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