Court of protection for someone living abroad

[CodeRoger]

I'm thinking of applying for deputy in the court of protective services for my mother, who suffers from carer dementia. She is a Portuguese citizen who lived and worked in London for 20 years. About 4 years ago, she went to live in Portugal and was shortly after diagnosed with dementia. Three years ago, family members were no longer able to help her live an independent life. and she moved into an old people's home in Portugal. She is currently unresponsive and does not communicate with anyone. She is unable to move and is being fed through a tube.

We both own the same property, joint tenancy, here in London that is worth around the $1 million mark. I'm thinking of applying to the courts of protection for a property and financial affairs order as deputy. I've been paying for my mother's care for 3 years, but feel it's time to rent the property and have the estate help out with the costs.

My question is, Should or can I apply to the UK court for protection even though my mother is no longer living in the UK and is a Portuguese citizen but our property is in the UK, or do I have to apply for it in Portugal. Also, when filling out the Assessment of Capacity Form (COP3), would it be ok to have a Portuguese a doctor's letter describing her situation or would I need to go down the witness statement (COP24)? Also, can the witness statement (COP 24) be a Portuguese witness as she is in Porutgal?

Many thanks

[atticus]

You have previously been asked whether you and your [it appears not late] mother own the property as joint tenants or tenants in common. Is there a restriction entered in the Proprietorship section of the Land registry title document for this property?

[CodeRoger]

no restrictions in the propietorship section. The property is owned joint tenancy.

[atticus]

Then it is a 'joint tenancy': the whole title passes automatically to the survivor on the death of the first of the joint owners.

Surely you can rent the property out, deduct the costs from the income, and pay half of the balance to your mother. Isn't that a lot simpler than a cumbersome and expensive CoP process?

[CodeRoger]

Then it is a 'joint tenancy': the whole title passes automatically to the survivor on the death of the first of the joint owners.

Surely you can rent the property out, deduct the costs from the income, and pay half of the balance to your mother. Isn't that a lot simpler than a cumbersome and expensive CoP process?

Can i leagaly rent the house out without my mother permission. Would there be issues with Landlord insurance without her. Also would i not have to declare her half of the income to HMRS and would i not need this order to do it.

[atticus]

q1. Yes.

q2. Ask an insurance broker.

q3. Surely a tax return can be completed on your mother's behalf. Does she have any other UK income?

[CodeRoger]

q1. Yes.

q2. Ask an insurance broker.

q3. Surely a tax return can be completed on your mother's behalf. Does she have any other UK income?

no she does not have any other UK tax income. Thank you so so so so much for all your answers and clarifying alot of info.