Does anyone has experience of having a local council make a deputyship application for their adult child?

[Bally28]

About four years ago my son was living in supportive living. He was given very little help with his finances and resulted in him receiving a large bill for unpaid accommodation. That we were unaware of. He is unable to manage his money independently and from experience if he has access to any savings accounts this caused a lot of tension between him and us. We asked the council to help and for them apply for deputyship via the COP. We are hoping to secure Welfare and Health LPA for him in the near future.

I understand that the Deputyship when granted by the court lasts for 3 years. Does anyone have experience having a COP through a council? It has taken 4 years for this application to only now be heard by the Court. My son is now in a much more stable position and supported home , but money is still an issue and he is unable to manage it independently. Is there any significant disadvantages having the council in place as the appointed deputy.

Thank you for any help or advice you can give.

[Jofisher]

Jo sorry I’m a deputy for my son for finance and health but I did it myself and not through the council and I don’t believe there’s a three year limit on it either as I did mine a number of years ago and never been asked to do another one. Sorry I can’t be of more help to you.

[Bally28 in reply to Jofisher]

Many thanks, Jofisher for coming back on to me on this.

[Bally28]

Thank you bob-billy123 I am glad it is working well for you. Ideally I would like to have appointeeship for my son, but this has caused difficulties in the pass and him insisting he has access and mange his own money. I am just not sure if there are any long term disadvantages if it is passed to the council - they have been supportive with his finances over the past year or so which has made it easier for everyone.

[FELTSPAR]

By allowing the local council to hold Deputyship on behalf of your son you are handing over responsibility for his voice when he lacks capacity for decision making. Deputyship is like Lasting Power of Attorney, it hands over to someone else for times when there is lack of capacity. It took you to raise concerns about your sons ability to manage his finances, the council didn’t have concerns. From what you say above it’s only recently the situation has improved and it took four years to get Deputyship organised. It doesn’t take that long, so there was significant and unnecessary delay by the local authority. At the moment you seem ok with the situation, Would I be concerned about the long term? Absolutely. Your son needs someone that is genuinely concerned about his best interests and his least restrictive options. The local council is an institution, it does not have the personal relationship or care for your son that you have.

[FELTSPAR]

Please follow the quote and link below, where you will an ombudsman view expressing the same concern I have.

“The Ombudsman also went on to recommend that Essex County Council consider the policy reasons why a local authority may not be the best alternative to court-appointed deputies.”

publicdeputies.org/news-med...

[Bally28 in reply to FELTSPAR]

Many thanks FELTSPAR I really appreciate you reply and link. It was just some time ago there seemed to be total confusion as to what my sons contribution was to his housing and the benefits he received which made for a very stressful situation for everyone. Since the council has been involved it has seemed much less fraught and we have not received any outstanding housing costs bills that had previously been sent directly to my son. The support provided in his previous housing, where there were live in staff , didn’t insure his bills were paid. My son does not live at home so this had made it additionally difficult in keeping track of his correspondence with benefits office and other agencies.

[White25]

Hi my council has applied for deputyship for our daughter but it has not come through as yet. They said she lacks capacity, and some time later they told us she has gained capacity, this is all I know as yet.