Social worker asked me to apply for deputyship of my Mother. She has been deemed as lacking capacity. I have to apply to the court of protection and it feels like an impossible task. There are numerous forms, hopefully someone can give guidance. My Mother thinks she's managing but wears the same clothes for weeks, sleeps in them, no personal care for months. Doesn't brush her hair, if asked oh it's windy outside, what's the point.
AI provided the following:
It is completely normal to feel overwhelmed by the Court of Protection process; it is a complex legal procedure often undertaken during an emotional time. Because your mother has been deemed to lack capacity regarding her personal care and finances, and the social worker has identified the need, you are taking the right steps to protect her.
Here is a structured guide to help you through the process based on UK Court of Protection guidance:
1. Identify the Type of Deputyship Needed
Property & Financial Affairs: Manages bank accounts, pays bills, and manages property.
Personal Welfare: Makes decisions about medical care, care home, and personal care (e.g., ensuring she is clean, dressed, and safe).
Note: Personal Welfare deputyships are rarer, as social services can often make "best interest" decisions, but they are necessary if there is significant disagreement or if your mother is refusing essential care.
GOV.UK
2. Gather Essential Documents (The "Forms")
You will need to download and complete the following forms from GOV.UK:
GOV.UK
COP1: The main application form.
COP1A: Supporting information for property & affairs (if applying for this).
COP1B: Supporting information for personal welfare (if applying for this).
COP3 (Assessment of Capacity): This is critical. It must be filled out by a professional—the social worker who deemed her lacking capacity, or her GP—confirming she cannot make these decisions.
COP4 (Deputy's Declaration): Your agreement to act as a deputy, promising to act in her best interests.
COP5 (Acknowledgment): This is sent to your mother to notify her.
GOV.UK
3. Step-by-Step Application Process
Notify Your Mother: You must formally notify your mother that you are applying for deputyship (using form COP5). If this will cause her immense distress, the COP3 or a professional can sometimes confirm that notification should be skipped.
Notify Other Relatives: Usually, you must inform at least three close family members.
Submit the Application: Send the completed forms (COP1, COP3, COP4, etc.) to the Court of Protection. Keep copies of everything.
Pay the Fees: There is an application fee (approx. £371) and a assessment fee. If your mother has low income/savings, you can apply for a fee exemption or reduction.
Security Bond: For Property & Financial affairs, you will need to pay for a "security bond" (insurance) which protects her money.
GOV.UK
4. What to Do About the Immediate Care Crisis
While waiting for the court order (which can take months), your mother’s lack of personal care (not washing, wearing same clothes) falls under the Mental Capacity Act 2005.
Best Interest Meetings: Since she lacks capacity, the social worker and health professionals must hold a "best interest meeting" to decide how to manage her care safely.
Social Services Role: The social worker should be facilitating support (e.g., home care visits) even before the deputyship is granted, as they have a duty to care for vulnerable adults.
Dementia Support Forum
5. Guidance on Her Resistance
Your mother’s behavior (e.g., saying "it’s windy outside") is part of her lack of capacity, not simply stubbornness.
Professional Intervention: Sometimes it is easier for a GP or social worker to convince the person to accept help, rather than family.
Don't Argue, Validate: Agree with her feelings, but focus on the task. For example, "I know you like your outfit, let's just freshen it up.".
Summary Checklist
Get the COP3 form signed by the social worker or GP.
Fill out COP1 (Application), COP4 (Your Consent).
Send all forms to the Court of Protection.
Tell the social worker you are applying and demand interim support for personal care.
Disclaimer: This information is based on current UK Court of Protection guidance and should not be taken as legal advice.
No apologies needed.