Court of Protection Application: We are about to... - Mencap

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Court of Protection Application

Evoke13xt profile image
26 Replies

We are about to start this process for our 24 yr old son for both Finance & Welfare. Looking for tips and advice please.

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Evoke13xt profile image
Evoke13xt
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26 Replies
Jofisher profile image
Jofisher

Hi I got the solicitor to do the financial one as I was under to much stress at the time because I was told I couldn’t do the health and well being one until I had the finance one done. So the solicitor did that once that was done. My friend who had already completed her daughters helped me to do my sons health and well-being one believe me I was told I would t get it and I was put off by so many people but I still went ahead and I got it so don’t listen do what you think and know what is right for you. Good luck be as clear and precise as possible they need to know you have their best interests at the centre at all times and that you know everything there is to know about them and to make it clear what you do for them on a day to day basis.

Evoke13xt profile image
Evoke13xt in reply to Jofisher

Great info tx. Are there specifics/ useful words you would advise using - for both applications?

Evoke13xt profile image
Evoke13xt in reply to Jofisher

what sort of documents/ supporting info did you provide?

MrStrong profile image
MrStrong in reply to Jofisher

As ? Mother, I believe I am best place to act in my son's Best Interest.........Can give examples of good you have done. Can give examples of struggles you have endured and overcome to act in your son's best interest.

Jofisher profile image
Jofisher in reply to MrStrong

I felt exactly the same I knew all his medical information. I knew all the information nobody else did. I was able to provide all the health professionals he was under or had been under previously. I knew all his diagnosis and all of the medications we’d already tried allergies etc all those things that Parents know that are invaluable. Therapies tried and They could see by all the information I provided how involved I was in my son’s life even though he was no longer living at home. We still see him regularly at weekends as well which is lovely or did before Brexit. We have to do reports each year for both the financial and the health and well-being orders but they’re not to daunting now I’ve done them a few times.

Evoke13xt profile image
Evoke13xt in reply to Jofisher

Thank you.

Jofisher profile image
Jofisher in reply to Evoke13xt

Wow that was quick well done

Evoke13xt profile image
Evoke13xt in reply to MrStrong

Thanks

Evoke13xt profile image
Evoke13xt in reply to MrStrong

Thank you

catladie profile image
catladie in reply to Jofisher

Hithe local authority are trying to force me to go to court & I'm scared of losing my daughter. they have no concerns & yet they are saying its the law. what do I do please? any advice would be greatly appreciated 🙏

Jofisher profile image
Jofisher in reply to catladie

I would speak to a consultant social worker and get their advice and support and get your son an Independent Mental Capacity Advocate who can support both of you as fighting all this on your own is really tough. I have deputyship for my son for health and Well-being and for property and finance and it’s been an absolute godsend. It’s well worth doing and they court of protection people are and have been so helpful you have nothing to fear honestly.

catladie profile image
catladie in reply to Jofisher

Hi thereThe Social services are wanting to take it to the court of protection under Deprivation of Libertys (what a joke) my daughter is so well cared for all her needs are met, they have no concerns they are saying its the law & to trust them im a great mum & there on my side. sorry I dont trust them they been caught loads lying. is this normal?

What will I need to do & have you any idea of who I can approach please?

SpeedyH profile image
SpeedyH

My advice would be: don’t be afraid of calling the Court of Protection helpline if you need any help about the process or filling in the forms. They are very helpful. Also, if your son is on benefits like UC or ESA, you can apply for full fee remission so it costs nothing to apply for, register or administer the Deputyship (apart from a one-off ‘bond’ that most people applying for a financial order have to pay to a bondsman. This is like an insurance to protect the person without capacity’s money against fraud). Keep in mind that you are applying to a Court and try to keep things factual, so avoid terms like ‘I believe’, ‘I think’ etc’ if you can.

Well done for doing this yourself, I am constantly astounded to hear how much solicitors charge for something which can be done online and is not difficult if you systematically follow the instructions. I have also heard instances where solicitors have not told families about the fee remissions they can apply for and they have ended up paying hundreds of pounds.

Evoke13xt profile image
Evoke13xt in reply to SpeedyH

Great info

XEX416S profile image
XEX416S in reply to SpeedyH

I have recently applied for Deputyship for my eldest son...we paid £730! Could we claim that back?

Evoke13xt profile image
Evoke13xt in reply to XEX416S

Thats expensive. What was the payment for or to whom - the Court or a solicitor or?

XEX416S profile image
XEX416S in reply to Evoke13xt

Direct to the Courts

SpeedyH profile image
SpeedyH in reply to XEX416S

Not if it was a payment to a solicitor for their services. If it was court of protection fees, perhaps phone their helpline and ask if you are entitled to fee remission and a refund. Here is the fee info: gov.uk/government/publicati...

XEX416S profile image
XEX416S in reply to SpeedyH

Thank you

Jofisher profile image
Jofisher in reply to XEX416S

your son can pay for it as he gets benefits and it’s for him so it’s ok to use his funds for this purpose if he has the funds to do so.

Sarah_Mencap profile image
Sarah_Mencap

hello.

I hope this going well. I wondered if you had seen this and if it would be any help - mencap.org.uk/sites/default...

Best wishes

Sarah

Evoke13xt profile image
Evoke13xt in reply to Sarah_Mencap

Tx

catladie profile image
catladie in reply to Sarah_Mencap

Hi Sarahjust been reading this, I need to make an application to court for deputyship & I'm suffer from dyslexia can anyone help me & how do I apply please?

Sponkins profile image
Sponkins

Hello, I am applying for CoP for my child and have been told as a parent I may be exempt of paying the fees, or refunded part of it after being appointed. Is that correct? Thank you

HonestTony profile image
HonestTony

I was quoted £1000 for filling the forms and sending them to London. So I have filled all the forms and got my GP to help. So I will send them soon

catladie profile image
catladie

Hi I'm about to do the same as you & looking for advice to. how did you do please?

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