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

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Court of Protection Application

Evoke13xt
Evoke13xt

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

18 Replies

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
Evoke13xt in reply to Jofisher

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

Evoke13xt
Evoke13xt in reply to Jofisher

what sort of documents/ supporting info did you provide?

MrStrong
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
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
Evoke13xt in reply to Jofisher

Thank you.

Jofisher
Jofisher in reply to Evoke13xt

Wow that was quick well done

Evoke13xt
Evoke13xt in reply to MrStrong

Thanks

Evoke13xt
Evoke13xt in reply to MrStrong

Thank you

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
Evoke13xt in reply to SpeedyH

Great info

XEX416S
XEX416S in reply to SpeedyH

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

Evoke13xt
Evoke13xt in reply to XEX416S

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

XEX416S
XEX416S in reply to Evoke13xt

Direct to the Courts

SpeedyH
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
XEX416S in reply to SpeedyH

Thank you

Sarah_Mencap
Sarah_MencapAdministrator

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

Tx

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