Cop3 form dilemma

[MissT06]

Has anyone ever had a neurologist consultant who is treating the person injured refuse to fill in a COP3 on grounds that it is for the department of social care??

I’m awaiting his diagnosis on my husband and he isn’t going to do it….

I’m having to go external for a capacity assessment and is costing me an extra £600

[Pairofboots]

Hi Miss. Do you feel that your husband does not have capacity to make decisions about his care, or financially?

I think this is a legal process. The consultant may not, might sound funny, he may not be qualified to complete the form. Generally forms like this are completed by a second opinion Dr registered under section 12 of the Mental Capacity Act/MHA. You can ask the Mental Health Act office at the hospital/Trust to appoint a Dr. The PALS Officer should be able to help you.

I think that you would still have to apply to the court for a lasting power of attorney regarding his finance, this does have a cost involved.

I hope I have got this right, it's been a long time since I had to work with second opinions and LPAs. 🍀

[MissT06 in reply to Pairofboots]

He cannot retain information which is key for his finances. He has three properties and three mortgages on them. He also has a running business so if he can’t retain info it’s all up in the air.I have only 6 months funds before I can’t pay the mortgage and if the application is accepted then i can do something to protect me and the kids from losing our home. We’ve already lost so much.

So although he has started talking it’s not consistent enough so an assessment needs to be made in terms of capacity. I’m aware the Deputyship can be short term so if one day he regains more capacity then we can reapply to end the deputyship and in the meantime whatever needs to be done can be achieved.

Hold ups like this are frustrating as nobody is in my shoes and seems to understand my desperate cry for help.

Thanks so much for you’re info; I have contacted PALS and explained so hopefully there won’t be a delay.

Fingers crossed!!

[Jacacc in reply to MissT06]

Hi, you really do need to get some legal advice on this all, especially the properties, pensions & the business. The sooner you do this the sooner things can start to get sorted out and take some of the stress of you to concentrate on your husband. With the right legal team they will also deal with all the paper work and the consultants to make sure your husband has the the right treatment and also that he is claiming the benefits he needs to claim to keep some fiancées coming into the house. You can get free legal advice and you can always approach Headway to find a legal team that will suit your husbands needs along with so much more advice and support. They helped me when my husband suffered a TBI and helped me find the right legal team for us. They sorted out everything and just left me then to support my husband while they sorted out all the stressful stuff. I still had battles with consultants, health authorities and the legalities and it is such a stressful time, but try and get the help you & your husband need or it will all get on top of you. Good luck.

[MissT06 in reply to Jacacc]

Thanks I do have representation and the consultant is holding up the paperwork by not filling the form in.

[HubbyOfSeriousInjury]

Not me - you're well ahead of me in the COP process (I haven't started yet) - but I'm interested in how others have got on.

I do understand that the medics' prime focus is on treating our loved ones not filling in paperwork but it does seem difficult at times. I actually don't know what I can and can't ask them for. I know it took me a number of attempts and a few weeks to get a sick note for my wife. Though to their credit, when I did get it, it was back-dated to her date of admission and is for 6 months so it's some time before I'll have to go through that again.

[Windlesham]

My husband had a severe stroke in 2018. He has aphasia and short term memory problems so it was difficult to know if he had capacity. Whilst he was in neuro rehab I asked for him to be assessed. A speech therapist and neuro psychologist did a 45 minute assessment and confirmed he did have capacity and I was able to get Power of Attorney. My husband was very good at dealing with our finances and I found the responsibility of having to make decisions about pensions etc very stressful.