Being a Court of Protection Deputy

Advice from a family deputy:

I am a joint deputy for a relative. The costs involved are an application to the court and insurance (in case you run off with the person’s money) plus professional fees if you want help. These costs come from the money belonging to the person to whom the application relates. There are 2 forms of Deputy one is for financial affairs and the other is for health and welfare.

The application form is quite daunting and we found solicitors weren’t interested in helping (and not many know about it). (Contact us – we are interested and we do know! Ed.) One important issue is that you must include in the application everything that you might wish to do. So if you decide her house needs to be sold you must include it. If you think there may be insurance policies to claim from you need to include it.

Anything not included may require another application at £450 Court fee or whatever it is, and they can soon add up.

In my opinion, the Court Of Protection are useless. They work at a snails pace and don’t keep their notes up to date. Once appointed you have to produce annual accounts and justify why and how you made decisions.   the idea is to protect the person, but it is a lot of extra hard work.  And I dread to think what would happen if they thought I had done the wrong thing.

Certainly for us it has been a lot of work but then the case my joint deputy and I have taken on is more complicated than most because there is a business involved as well.

Please only take it on if you have the free time to deal with all the paperwork. Additionally you must visit the individual in the care home regularly to update her on what you are doing and ask if she has opinions. I know she has dementia but to the COP that doesn’t make a difference.   as a deputy, you are never fully in charge, you have to look over your should all the time and make sure you can justify every single decision.

I hope my info helps.

JD.