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UK Court of Protection - Guarantee Bond

  • 13-03-2012 2:28pm
    #1
    CuppaCocoa
    Closed Accounts Posts: 1,858 ✭✭✭


    I've just been appointed as Deputy by the UK Court of Protection. My aunt is in a nursing home in the UK suffering from Dementia. It's been a long hard slog to get this far and I was very pleased to finally have the order made.

    However, before the appointment can be made the court has directed that I must give security to the public guardian. They have set this amount at £10,000 :eek: There is an annual premium of £35 which is fine. Now my aunt only has £18,000 in her post office account and I have a bill from the council looking for £9,000 for her nursing home fees (this has build up since she moved in in Sept 2010). My query is - do I put up the £10,000 upfront (which is impossible as I don't have it) or is it a case of me signing and if I embezzle the last few bob from my aunts account, the court has the power to recover the bond by making me sell my house :confused: Its not very clear. I don't have a solicitor representing me nor can I afford one. I did seek legal advice in the beginning in the UK but decided to go it alone as their fees were too high!

    Anyone know anything about this?


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    http://www.lindermyers.co.uk/faqs-for-court-of-protection_757.html#b1q11

    I know nothing of this system, but it seems to me that the annual bond is a sort of insurance policy in case you run off with the money. That annual figure I guess buys a bond to cover £10,000 which it seems is your aunts assets.


  • #3
    CuppaCocoa
    Closed Accounts Posts: 1,858 ✭✭✭CuppaCocoa


    ResearchWill wrote: »
    http://www.lindermyers.co.uk/faqs-for-court-of-protection_757.html#b1q11

    I know nothing of this system, but it seems to me that the annual bond is a sort of insurance policy in case you run off with the money. That annual figure I guess buys a bond to cover £10,000 which it seems is your aunts assets.

    "All fees are payable from the assets of the person who lacks capacity. Otherwise, if they had to pay for it themselves, clearly no-one would ever want to be appointed as someone’s Deputy!." :confused: If this is the case then it will leave my aunt with nothing? How can it be paid from my aunt's assets if it has to be paid before I'm appointed? I don't have the power to access her account?


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    lilybarlean wrote: »
    "All fees are payable from the assets of the person who lacks capacity. Otherwise, if they had to pay for it themselves, clearly no-one would ever want to be appointed as someone’s Deputy!." :confused: If this is the case then it will leave my aunt with nothing? How can it be paid from my aunt's assets if it has to be paid before I'm appointed? I don't have the power to access her account?

    really am only guessing and you need to check with local court, the bond is like an insurance you pay the cost of a 10k bond as in your case £35 a year, if something goes wrong and you spend your aunts 10k the insurance pays out.

    From the page I quoted earlier " One fee that cannot be postponed is the security bond, and the proposed Deputy usually has to pay this from his own assets."


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