Deputyship Application Process Explained

Summary

Applying for deputyship in the uk involves submitting forms, a medical report, and fees to the court of protection. Separate applications and fees are needed for property and financial affairs and health and welfare. Power of attorney may be an option if the individual has mental capacity. Deprivation of liberty safeguards (dols) ensure restrictions are in the persons best interests. Restrictions can include movement, supervision, and contact limitations. If you have legal authority, such as deputyship or power of attorney, you can act for your loved one within the dols framework. Restrictions on visits may occur if they pose a risk or cause distress.

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My mother is currently residing in a care home due to her severe Alzheimer’s disease. As she is no longer able to make financial and property decisions for herself, I wish to act as her deputy to ensure that her best interests are always protected and that her property and financial affairs are managed responsibly and following her wishes.
Hi ****! To act as your mother's deputy, you would need to apply to the Court of Protection. Here are the steps:
- Fill in the deputyship application forms available on the UK Government website.
- Provide a medical report about your mother’s condition.
- Pay the application fee.
- Submit the forms to the Court of Protection.
Would you like more detailed information on any of these steps?
could you compose a personal statement for me, please? Include that she has her own property which I will maintain and make sure all bills are paid for. She has her own bank accounts which I will fiance the carehome fees from if I am granted deputyship. please include my Relationship and Commitment, I am a homeowner with a mortgage, which I have never defaulted on, and I have a *% credit score. I have arranged two mortgages, house sales, and purchases of my own. Additionally, I assisted my husband's grandparents in selling their house and buying a new property closer to us. They placed immense trust and responsibility on me to manage all aspects of the sale and purchase, as they were unwilling to proceed without my help. This included dealing with estate agents and solicitors and arranging the removal company.
Sure, ****! Here’s a draft for your personal statement:
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Personal Statement for Deputyship Application
My name is ****, and I am seeking deputyship to manage the property and financial affairs of my mother, who is currently residing in a care home due to severe Alzheimer’s disease. As her deputy, I am committed to ensuring that her best interests are always protected and that her property and financial matters are managed responsibly and in accordance with her wishes.
My mother owns her property, which I will maintain, ensuring all bills are paid promptly. She also has her own bank accounts, from which I will finance her care home fees if I am granted deputyship.
In terms of my relationship and commitment, I am a homeowner with a mortgage, which I have never defaulted on. I have a *% credit score. I have successfully arranged two mortgages, handled house sales, and managed the purchases of my own properties.
Moreover, I have significant experience in managing financial and property affairs, as I assisted my husband's grandparents in selling their house and purchasing a new property closer to us. They placed immense trust and responsibility on me to manage all aspects of the sale and purchase, including dealing with estate agents, solicitors, and arranging the removal company. Their confidence in my abilities demonstrates my capability and reliability in handling such important matters.
I am dedicated to ensuring my mother’s financial and property affairs are managed with the utmost care and responsibility, and I believe my experience and commitment make me well-suited to act as her deputy.
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Feel free to make any adjustments or let me know if you need further assistance!
do I have to pay two application fees to become deputy for mum for property and finace and her helath and welfare?
Case Rating: *
Hi ****! Yes, if you’re applying to be a deputy for both property and financial affairs as well as health and welfare, you’ll need to pay two separate application fees. Each deputyship application is treated independently.
Do you have any other questions about the deputyship process?
can I apply for them both at the same time?
Case Rating: *
Yes, ****, you can apply for both deputyships (property and financial affairs, and health and welfare) at the same time. Each application will be considered separately, and you will need to pay the two application fees.
Do you have any other questions about the process?
how much are the fees in the uk in *?
Case Rating: *
Hi ****, I can't provide the exact fees for *, but as of now, the application fee for each deputyship application is £*. It's best to check the latest fee schedule on the UK Government website or contact the Court of Protection directly closer to your application date.
why is the duputyship appliction a lot more expensive than power of attorney?
Case Rating: *
Deputyship applications are generally more expensive than power of attorney because:
- Deputyship involves court supervision and legal processes.
- Requires a medical report and court application.
- The court oversees the deputy’s actions, adding administrative costs.
Would you like more details on any specific aspect of deputyship or power of attorney?
yes please. Can I apply for power of attorney for my mum?
Case Rating: *
Hi ****! Given your mum's severe Alzheimer's disease, she may not have the mental capacity to grant a power of attorney. However, if she still has some capacity, you can apply for Lasting Power of Attorney (LPA). Here are the types:
- Property and Financial Affairs LPA: Manage financial matters.
- Health and Welfare LPA: Make health and care decisions.
You can apply online through the UK Government website and will need to register the LPA with the Office of the Public Guardian for it to be valid.
Do you need more information on how to apply?
I have drafted * personal statements can I upload them for you to compare?
Case Rating: *
I'm sorry, but I can't compare or review documents directly. However, I can provide guidance on what should be included in a strong personal statement. If you share the key points or any specific concerns, I can help you refine them!
what is the upload case details button for?
Case Rating: *
The "Upload Case Details" button is typically used for submitting documents or detailed information regarding your legal issue for further review or assistance. If you share key points or specific concerns from your personal statements, I can help you refine them!
Differnt topic do you know who attands a dols assessment for my mum?
Case Rating: *
Hi ****! For a DoLS (Deprivation of Liberty Safeguards) assessment, the following professionals typically attend:
- A Best Interests Assessor (BIA)
- A Mental Health Assessor
They will evaluate whether the deprivation of liberty is in your mum's best interests.
Is there anything specific you need to know about the process?
what happens when the mental helath assessor attands as mum had the bia today
Case Rating: *
Hi ****! When the Mental Health Assessor attends, they will evaluate your mum's mental health to determine if the deprivation of liberty is necessary and appropriate. They will assess her mental capacity, her mental health condition, and whether the DoLS is in her best interests.
Do you have any other questions about the process?
does the dols stop me from acting for mum in any way?
Case Rating: *
Hi ****! The DoLS (Deprivation of Liberty Safeguards) do not prevent you from acting for your mum. However, they ensure that any restrictions on her freedom are in her best interests. If you are her deputy or have power of attorney, you can still make decisions for her within the framework of the DoLS.
Do you have any other questions about your mum's care or legal matters?
what are the frameworks of a dols?
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Hi ****! The frameworks of a DoLS (Deprivation of Liberty Safeguards) include:
- Assessment: Conducted by a Best Interests Assessor (BIA) and a Mental Health Assessor.
- Authorisation: If the assessments agree, the local authority can authorise the DoLS.
- Reviews: Regular reviews to ensure the DoLS remains necessary.
- Rights: The person under DoLS has the right to challenge the authorisation in the Court of Protection.
Would you like more detailed information on any of these aspects?
does it resptrict mum in any way?
Case Rating: *
Hi ****! Yes, a DoLS (Deprivation of Liberty Safeguards) does place certain restrictions on your mum. These are meant to ensure that any limitations on her freedom are in her best interests and necessary for her care and safety.
Do you need more details on specific restrictions?
like what?
Case Rating: *
Hi ****! Here are examples of restrictions under DoLS:
- Movement: Limits on where she can go.
- Supervision: Continuous supervision and control.
- Care: Specific care plans that must be followed.
- Contact: Restrictions on who she can see or contact.
Do you need more details on any of these?
can they restrict me and my brother from seeing our mum?
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In certain circumstances, DoLS (Deprivation of Liberty Safeguards) can restrict who a person under the safeguards can see if it is deemed in their best interests. However, such restrictions must be justified and necessary for the person's wellbeing. You can challenge these restrictions through the Court of Protection if you believe they are unreasonable.
Do you have any other questions about the process?
can I override the dols if I take resposibilty for mum?
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Hi ****! Even if you take responsibility for your mum, you cannot override the DoLS. They are designed to protect her best interests and any restrictions would still apply. However, as her deputy, you could work closely with the care home and local authority to ensure her care plan aligns with her needs and preferences.
Do you have any other questions about DoLS or deputyship?
Ca the carehome stop me from acting for my mum?
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Hi ****! The care home cannot stop you from acting for your mum if you have the legal authority as her deputy or through a power of attorney. However, they must comply with any legal restrictions or safeguards such as DoLS that are in place for her protection.
Do you have any other questions about the legal process or your rights?
In what circumstance would they restrict someone from seeing mum?
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Hi ****! They might restrict someone from seeing your mum if:
- The person poses a risk to her safety or wellbeing.
- The visits cause distress or agitation.
- The restrictions are deemed necessary for her best interests by the Best Interests Assessor (BIA).
Is there a specific concern you have regarding the restrictions?