Court of protection report: I completed the court of... - Mencap

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Court of protection report

Tracidu profile image
8 Replies

I completed the court of protection 3 yrs ago because a social worker said I needed so as she could talk about my sons finances . She recommended a retired solicitor who filled in the forms for me . I have found the yearly report which I have to do totaly intrusive as my son lives with me and has no savings or trust funds , he recieves pip and eesa only

I have been told I was given the wrong information as to the need for COP in these circumstancesbut as its a legal document I cannot get out of it .

I fill the form in truthfuly , it asks about gifts to other people , he has 3 nephews , his sister , her partner and my sister who I by a gift for at christmas and thier birthdays , they all treat Stuart very well at these times aswell and he enjoys giving gifts .

I have just had the reply from this years deputyship . It said that the price of the gift is excesive , its usually about £20- £30 each twice a year .

I look after him 24/7 and know what he can and cant afford and to stop this little bit of enjoyment , which he recieves a lot more back seems unfair he loves his family and they love him , in no way would they hurr him and are all very protctive of him , he has no friends and cannot go out without a carer .

The COP people have never met us and to have someone make theses decisions is very annoying .

There is also other questions im not happy with . Is anyone else finding COP a pain if there doing all of the care and only have thier adult childs interest in thier mind 24/7 ? Thanks

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Tracidu profile image
Tracidu
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8 Replies
Jofisher profile image
Jofisher

I would go back to them and say exactly what you’ve said to us, if you can prove you’re always working in his best interest then there really shouldn’t be a problem.

MontyCat profile image
MontyCat

Hi Tracidu. I am surprised that you have had this experience. I have completed three annual deputy reports for my daughter and she also pays for modest gifts (£20-£30) for her sister, brother, me and her step-dad for Christmas and birthdays. Nobody has ever challenged this. In fact the most recent report didn't ask for the same level of breakdown as they said they were not that interested in each category of expense. There are Lay Deputy Support officers who should be able to advise you. Try phoning them on 0115 9342700. You will need your son's 8-digit OPG reference number to hand. Good luck.

SpeedyH profile image
SpeedyH

The court of protection is only interested in ensuring that people who lack capacity are kept safe. As you say, they don't know you so cannot make the assumption that you are looking after your son's money properly, so they have to do checks. It is not intrusive, it is safeguarding his interests. Perhaps give them a ring and find out specifically what you are doing that doesn't meet their standards.

BenjiB profile image
BenjiB

It is annoying as it wasn’t needed in the first place. I agree with the other posters that you should give them a call and ask them to be clear as to what is a suitable amount.

Mybestfriends profile image
Mybestfriends

I would imagine that you would be able to have an up to date Assessment, but i'm not sure if it would help you get out of COP, Why was you not advised to have P.O.A, but to have COP in the first by Social Worker.? Maybe you need LPOA.

Tracidu profile image
Tracidu in reply to Mybestfriends

My son lacks of capacity for LPA so had to get Court of protection . I have been in touch with them and met with a very stroppy person who did know how much is a resonable amount to spend on gifts for family .??

I do realise they make checks to see im looking after my sons interests.properly but still think.it was unnecessary to go for this in the first place. I pay for most of the things he needs as he is not left much after paying daycare spending and respite spends , he recieves help from family such as he needed a new bed or clothes shoes , haicuts chyropdist

when he doesnt have the money

I have explained all this to COP with no reply .

I have never had a face to face appointment with them .

I may be sensitive at the moment but I feel critized for doing my best as I have always done .

Mybestfriends profile image
Mybestfriends in reply to Tracidu

Sounds as if your doing such a good job, including family. Why are they being so petty, it all seems thatthey just want to put a stick in the works. I'm not sure I have any knowledge about all this, as my Son has Capacity & is a different case to your Son. Hopefully someone else on here, will have dealt with things like this. Best Wishes. Your a Good Mum.

Tracidu profile image
Tracidu in reply to Mybestfriends

Thankyou for your reply

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