Court of Protection - Deputy application - complicated scenario

[Dizzy]

Good Morning

Please can someone provide me with some advice on the following matter.

My mother was diagnosed with Alzheimer's in 2014 and has since deteriorated, to cut a long story short, she had a fall a few weeks ago as a result of wandering from her home and was admitted to hospital with a nasty bang to her head and a fractured wrist. A few days later she was discharged and placed in a residential care home where she will now remain permanently.

I started a few years ago to apply for Power of Attorney but with lots of events happening at the time and with a young family etc. it somehow got cast aside and forgotten about

It now turns out that my mother is lacking capacity, she has a bungalow that needs to be sold as she is being funded by the local authority, however he monies are tied up in paying the mortgage and household bills. I have been advised to apply to become a deputy through the Court of Protection, I started the application process and also did some research and the following matters make my situation more complex:

1. My name is on the property deeds jointly with my mother and the mortgage (my mother has lived there alone since my father died and paid for the mortgage etc. from her own money)
2. My name is on my mother's bank account (which she and the bank consented to prior to her diagnosis) and I have been looking after her financial affairs since my father died.

From what I have read, it would seem that I cannot become a deputy and instead am now classed as a trustee jointly with my mother who now lacks capacity.

Please can anyone advise if it would be possible for my sister to apply to become deputy and presumably I need to complete the forms as trustee? What are my powers as trustee, will it be up to the court to decide how her funds are dealt with, bearing in mind that I am entitled to half the proceeds?

Many thanks

Dizzy

[Dizzy]

Re: Court of Protection - Deputy application - complicated scenario

Any help with this matter would be much appreciated please........


Good Morning

Please can someone provide me with some advice on the following matter.

My mother was diagnosed with Alzheimer's in 2014 and has since deteriorated, to cut a long story short, she had a fall a few weeks ago as a result of wandering from her home and was admitted to hospital with a nasty bang to her head and a fractured wrist. A few days later she was discharged and placed in a residential care home where she will now remain permanently.

I started a few years ago to apply for Power of Attorney but with lots of events happening at the time and with a young family etc. it somehow got cast aside and forgotten about

It now turns out that my mother is lacking capacity, she has a bungalow that needs to be sold as she is being funded by the local authority, however he monies are tied up in paying the mortgage and household bills. I have been advised to apply to become a deputy through the Court of Protection, I started the application process and also did some research and the following matters make my situation more complex:

1. My name is on the property deeds jointly with my mother and the mortgage (my mother has lived there alone since my father died and paid for the mortgage etc. from her own money)
2. My name is on my mother's bank account (which she and the bank consented to prior to her diagnosis) and I have been looking after her financial affairs since my father died.

From what I have read, it would seem that I cannot become a deputy and instead am now classed as a trustee jointly with my mother who now lacks capacity.

Please can anyone advise if it would be possible for my sister to apply to become deputy and presumably I need to complete the forms as trustee? What are my powers as trustee, will it be up to the court to decide how her funds are dealt with, bearing in mind that I am entitled to half the proceeds?

Many thanks

Dizzy[/QUOTE]

[Peridot]

Re: Court of Protection - Deputy application - complicated scenario

Hi Dizzy,
From what you say it is correct a Court of Protection application will be necessary. If you are happy for your sister to be appointed your mother's deputy then that is probably the most sensible way forward for you to deal with this situation now. You do not need to do anything as trustee. You are a joint owner of the property so in the event it is sold your signature will also be required on the documents together with your sister as your mother's deputy.
With regard to the bank account are you a on the account to sign cheques etc but on your mother's behalf or a joint account holder? Either way if your mother has lost capacity to act in her own right then her deputy effectively becomes her for the purposes of dealing with the account etc. If you are the joint owner of the bank account then you can continue to use the account (with your sister as the deputy) as you had in the past. If you are just named as a authorised signatory (which is what I suspect from your post) then as mum has lost capacity the deputy will be the only one who can deal with the account. You could arrange for your sister to be deputy on the house (for your mother's part) and you deal with the bank account although it may be easier to have the deputy deal with everything as far as the application is concerned and provided you are content for your sister to be deputy then that should be fine.
I hope this helps?

[Dizzy]

Re: Court of Protection - Deputy application - complicated scenario

Hi Peridot

Thank you very much for your advice, it is much appreciated, I believe I am a joint account holder on my mothers bank account. If my sister did not wish to become a deputy, would my husband be able to apply or would there be a conflicting interest?

Many thanks.

Dizzy

[Peridot]

Re: Court of Protection - Deputy application - complicated scenario

I think as far as the property is concerned it may be difficult to demonstrate that your husband was acting in your mother's best interest if there was ever an issue raised regarding him acting as her deputy. Not impossible for him to be appointed but it would probably be more sensible for your sister to act if she is willing and able.
This information may help from the Gov't website regarding deputy responsibilities:-
https://www.gov.uk/become-deputy/responsibilities

As far as the bank account is concerned as I mentioned the deputy can act on your mother's behalf but as a joint account owner, depending on how the account is set up you may not need both signatures to deal with any transactions. This depends on the account I'm afraid. Basically if it is a joint account that only ever required one signature then you can continue to operate the account alongside the deputy, without requiring both of you to sign things, which logistically can be an issue.

Maybe you and your sister should look at becoming joint deputies? You could ask that for all financial decisions other than the house sale that you act jointly and severally (so one signatory could be needed not 2 on any dealings) and jointly on the house sale (both of you would have to sign any transfer documents. You would then have to sign both as a co-owner selling the property and as a deputy with your sister on behalf of your mother.

I think the next step would be to ask your sister what she is willing to do. If she wants as little as possible to do and is content for you to continue dealing with mum's account etc maybe the appoint both of you as deputies in the way I have mentioned above. If there is any concern about you being involved with all mum's assets alone then it would be sensible for your sister to be sole deputy maybe.

You know your family so are probably best placed to work out what is best for mum without conflicts arising if at all possible.

The Office of the Public Guardian are helpful so you can always contact them but in the meantime here is another link to further information on the process. https://www.gov.uk/become-deputy

[Dizzy]

Re: Court of Protection - Deputy application - complicated scenario

Thanks Peridot

The Alzheimer's Society also said the same thing and also suggested contacting the OPG which I did yesterday and they also said that I can become a deputy with my sister but the sale of the property would have to be dealt with by my sister if it had not been granted on applying to become deputy.


My sister is quite happy for me to deal with Mums account etc so I will continue to do this after being granted as Deputy.


Thank you very much for your help, it's much clearer in my head now.

Many thanks.

Dizzy