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WHETHER I NEED TO APPLY FOR BEING A DEPUTY AT THE COURT OF PROTECTION LACK OF MENTAL CAPACITY

JITS

MY 42 YEAR DAUGHTER IS AUTISTIC, HAS ADHD AND LEARNING DISABILITY. SHE COMPLETELY LACKS MENTAL CAPACITY. SHE LIVES WITH MY WIFE AND I IN OUR FAMILY HOME. THERE ARE NO ISSUES RELATING TO MY DAUGHTER'S WELFARE AND HEALTH. AS MY WIFE AND I ARE ELDERLY WITH HEALTH ISSUES, THERE MAY COME A POINT IN TIME WHEN WE WOULD NOT BE ABLE TO LOOK AFTER HER AND SHE MAY NEED TO GO INTO RESIDENTIAL CARE. WE WANT TO PLAN AHEAD SO THAT WE HAVE THE AUTHORITY TO MAKE DECISIONS ON HER BEHALF FOR HER CARE, WELFARE AND HEALTH. WHAT WE WANT TO ESTABLISH WHERTHER WE NEED TO APPLY AS DEPUTIES TO THE COURT OF PROTECTION TO MAKE DECISIONS ON HER BEHALF AS FAR AS HER WELFARE AND HEALTH IS CONCERNED SINCE SHE COPLETELY LACK MENTAL CAPACITY. MY WIFE IS THE APPOINTEE AS FAR HER LOOKING AFTER HER BENEFITS FROM DWEP AND DITRECT PAYMENT FROM OUR LOCAL AUTHORITY. I BELIEVE ONE DOES NOT NEED TO BE A DEPUTY IF YOU ARE JUST LOOKING AFTER SOMEONE'S BENEFITS.

I AM ALSO OF THE UNDERSTANDING THAT IT IS VERY UNUSUAL FOR APPLICATIONS OF THIS TYPE {TO BE A DEPUTY}  TO BE GRANTED AS THE COURT PREFERS TO BE BE A MORE COLLABORATIVE APPROACH TO DECISIONS BEING MADE ABOUT A PERSON IF THEY LACK MENTAL CAPACITY TO MAKE THEM {FOR WELFARE AND HEALTH}

I AM CONFUSED AND GETTING CONFLICTING ADVICE. I WOULD BE GRATEFUL FOR YOUR INPUT

Parents
  • JITS said:
    MY 42 YEAR DAUGHTER IS AUTISTIC, HAS ADHD AND LEARNING DISABILITY. SHE COMPLETELY LACKS MENTAL CAPACITY.

    If you want the court to accept this I would think you need a letter from her GP or, preferrably, her psychotherapist or psychiatrist.

    In essence a specialist in the field should be the one making the decision on whether she is capable or not to make decisions as they will have worked with her and understand her in depth.

    JITS said:
    THE COURT PREFERS TO BE BE A MORE COLLABORATIVE APPROACH TO DECISIONS BEING MADE ABOUT A PERSON IF THEY LACK MENTAL CAPACITY TO MAKE THEM {FOR WELFARE AND HEALTH}

    Do you mean decisions are made by the court?

    In order to do this they will need expert testimony to your daughters state of mind and needs from a medical welfare prespective, so her psychotherapist or psychiatrist will probably need to be involved here.

    This is definitely one for the specialists to guide you with so I would make sure they are spoken to in advance to check their opinions are in alignment with yours otherwise I think you may not get the resuly you hope for.

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  • JITS said:
    MY 42 YEAR DAUGHTER IS AUTISTIC, HAS ADHD AND LEARNING DISABILITY. SHE COMPLETELY LACKS MENTAL CAPACITY.

    If you want the court to accept this I would think you need a letter from her GP or, preferrably, her psychotherapist or psychiatrist.

    In essence a specialist in the field should be the one making the decision on whether she is capable or not to make decisions as they will have worked with her and understand her in depth.

    JITS said:
    THE COURT PREFERS TO BE BE A MORE COLLABORATIVE APPROACH TO DECISIONS BEING MADE ABOUT A PERSON IF THEY LACK MENTAL CAPACITY TO MAKE THEM {FOR WELFARE AND HEALTH}

    Do you mean decisions are made by the court?

    In order to do this they will need expert testimony to your daughters state of mind and needs from a medical welfare prespective, so her psychotherapist or psychiatrist will probably need to be involved here.

    This is definitely one for the specialists to guide you with so I would make sure they are spoken to in advance to check their opinions are in alignment with yours otherwise I think you may not get the resuly you hope for.

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