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  1. #1
    RichUK's Avatar

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    Default COP help

    I have received paperwork re an aunt of mine as her power of attorney has applied to the court of protection to gift some of her money and re-write her will. I obviously want to challenge this but I'm a little confused by the paperwork, one part says I have to send the form back within 28 days, and also provide any evidence within 28 days, but another piece of paperwork says I have to respond to the court by December 13th? Evidence wise, all I have is my own statement, is this classed as my evidence? I could also get statements from others involved in my aunts care but probably not within the 28 days. It said something in the paperwork about any expenses coming from my aunts account, obviously I don't want this, as I am on low income could I be entitled to legal aid to pay for a solicitor to help me with this, or would payment be taken from my aunts account?

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    Also the person acting as her attorney is alleging that he's spent 58 hours doing so, and says he will spend 2-4 hours a month ongoing, and wants to charge her for this at a rate of £200 per hour. He has stated that he has lost out on his work as a financial advisor and this is why he says he is entitled to this extortionate rate. I looked him up online and according to a .gov website his financial advice company was dissolved in 2014, and he now runs a mortgage advice business with a very low yearly income. Is this something I could inform the courts of or does this kind of information have to come from a more professional source?

  2. #2
    Kati's Avatar

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    Default Re: COP help

    tagging @Peridot
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  3. #3
    Peridot's Avatar

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    Default Re: COP help

    Hi RickUK,
    Sorry for the delay I have been away. I would probably recommend that you seek some device on this. However in the first instance it may be sensible to contact the Court of Protection yourself. Is the deputy appointed a professional eg a solicitor? Generally friends and family can only claim their reasonable expenses not an hourly fee. I would suggest that you get the form back within the 28 day limit indicates explaining your concerns but speak to CoP initially and maybe get some advice following that from a CoP specialist.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  4. #4
    RichUK's Avatar

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    Default Re: COP help

    Thank you for your reply. The person acting as attorney did so as a friend, he's not a solicitor just a financial/mortgage advisor. Myself and another of the respondents have decided to write a statement detailing our objections to the proposed changes etc, and I am also in the process of gathering statements as evidence from two other people who were involved with the person who is incapacitated. On the forms it says we have to send copies of the COP5 & COP24 forms to all parties, does this mean just the respondents? Or everyone including the solicitor, the guy acting as attorney, the person they're trying to add to the will, and the person they're trying to gift money to?

  5. #5
    Peridot's Avatar

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    Default Re: COP help

    Hi,
    Who is on the application as respondent(s)?
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  6. #6
    RichUK's Avatar

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    Default Re: COP help

    I'm not really sure as this is all new to me, there's nothing in the paperwork that lists who the respondents are, I assume myself and two other people who have been contacted about the proposed changes, as we would be affected by the changes to the current will, are the respondents? I'm unsure if the person they're proposing the lifetime gift for, or the person they're attempting to add to the will with the proposed changes, are also classed as respondents?

  7. #7
    RichUK's Avatar

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    Default Re: COP help

    Would it be helpful if I scanned the main part of the documents and send you a copy via private message?

  8. #8
    Peridot's Avatar

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    Default Re: COP help

    At this stage I’d suggest sending copies to the 2 other people as well as the ‘other side’ ie either the person who has applied to amend will etc and if they have solicitors acting then a copy to the solicitors.
    Hope that helps.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  9. #9
    RichUK's Avatar

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    Default Re: COP help

    That's what I thought, thanks for clarifying.

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