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Family Law

PostPosted: Mon Feb 27, 2017 9:23 pm
by jamct69
Hello everyone.

Can an elder son, living with his father, open his now 'mentally incapacitated and currently in a nursing home', father's mail, without consent?. There is no lasting power of attorney (LPA) nor 'Court of Protection' deputy in place.

Should his father's mail be taken to the 'nursing home' administrator?.

Other siblings, living nearby are concerned that, due to recent animosity between them and their brother as well as between the elder son and father, important mail contents will be witheld from them. Access to their father' home is also being denied by the occupying son.

Re: Family Law

PostPosted: Mon Feb 27, 2017 10:08 pm
by dls
The nursing home administrator may well have no greater right to open the post. Ther is no reason to think they have.

The right belongs to the father until and unless eith the father authorises somebody else, or somebody else gets authority from a court.

If the son has been living at the house, it is his home, and is free to exclude anyone who does not have a better right. See above

Re: Family Law

PostPosted: Tue Feb 28, 2017 12:29 pm
by jamct69
Thank you for your prompt response.

If the next action is to appoint a DEPUTY or PROFESSIONAL DEPUTY through the Court of Protection, who is responsible for paying the range of fees such as Deputy Application Fee (COP1), Solicitors fees if(appointed) & on going COP Supervision fees etc?

Also:

1 - If next of kin pays for an initial solicitor's consultation to assess professional deputyship fees, can they claim it back from the 'Donor's assets? if the professional is then not appointed?

2 - If a Professional Deputy is appointed, can the above fee be added to their on going professional deputyship fees which I assume are charged against 'donor'?

Your advise will be very much appreciated.

Re: Family Law

PostPosted: Tue Feb 28, 2017 1:19 pm
by atticus
The person making the application pays the fees for the application. It may be possible to get an order for reimbursement out of the funds available to the person the subject of the application.

Professional deputies' fees can be seriously expensive. Avoid if atall possible.

We do not advise. See site rules in board management section.

Re: Family Law

PostPosted: Tue Feb 28, 2017 4:00 pm
by jamct69
atticus wrote:The person making the application pays the fees for the application. It may be possible to get an order for reimbursement out of the funds available to the person the subject of the application.

Professional deputies' fees can be seriously expensive. Avoid if atall possible.

We do not advise. See site rules in board management section.


ThanK you for your prompt response. Your comments noted with interest.