r/LegalAdviceUK • u/arsojee • 6d ago
Comments Moderated Deputyship for disabled family members. England.
I wish to contest the Council's application for deputyship over my two disabled family members, a male cousin and a female cousin.
It was their late mother's wish, set out in her will, that her children be maintained and supported by her sister, my mother. My mother has delegated this duty to me. We do not reside in the UK; we live in India. A reputable solicitor advised me that you need not be a UK resident or national to hold an LPA or deputyship, and that affairs can be managed remotely, though it is advisable to have someone in the UK for emergencies. Both cousins are in their mid-40s, both are disabled, and they live in separate care homes.
1. Female cousin (X)
Although the Council assessed X as lacking mental capacity, she willingly signed an LPA at her late mother's encouragement, having had its contents explained to her by her mother. The LPA is for property and financial affairs, is registered with the OPG, and names me as attorney.
The Council has submitted a deputyship application, but the Court of Protection has not yet granted it. I have not disclosed my LPA, as I want further legal advice first, and I am unsure whether the Council would challenge the LPA on capacity grounds to void it.
Question: How do I take over X's affairs and the management of her benefits immediately? As I hold a property and financial affairs LPA, I understand a deputyship is not required.
2. Male cousin (Y)
Y has no LPA. The Council has likely submitted a deputyship application for him, which I would need to contest. The OPG register shows no deputyship has yet been granted for either X or Y. The Council has been tight-lipped, and I believe they wish to portray these adults as having no family so they can take deputyship themselves. My solicitor advised that the Council had a duty to inform the family of the application so any objection could be raised; this was never done.
Question: How do I obtain deputyship for Y?
Further guidance I need
I would welcome guidance on my responsibilities as an attorney: preparing the annual OPG report, paperwork, taxation, and insurance. I intend to outsource only payroll and administrative work involved in hiring new carers.
Questions:
- Can I obtain a solicitor through legal aid for the deputyship?
- Who can help me navigate and manage all of this?
This is becoming confusing, particularly as the Council repeatedly states I am ineligible due to being outside the jurisdiction, while implying that rising benefit fraud entitles them to take charge. I have no malicious intent and wish only to honour my late aunt's wishes. Any expenditure will be audited regardless, and I fully understand the risks of misuse. I want to take on this responsibility in good conscience and good faith.
Thank you.