Deputyship, Pros and Cons of me applying for it for my brother or letting the council?

My 54 year old brother had a major stroke last year, he is about to leave rehabilitation to go into permanent residency care. I ask if someone medically would sign to let me get power of attorney but they thought him too inconsistent. A social working is now involved for with his coming residencies care and is asking about his assets and if I will be applying to court for deputyship. I asked if I did not what would happen and was told the council will apply.
So my question is why not let the council sort all his financial stuff as even if I have deputyship they will take all his assets and his pension to fund his care? If anyone has had some experience in this area I would greatly like to discuss.


Hi @Stephen0001

The altziehmers society & age UK (pdf d/l)
have better advice than most and most county councils publish their opinions too.

The Court of Protection web info is on
Deputies: make decisions for someone who lacks capacity: Overview - GOV.UK.

The main (?) difference is a visceral understanding and person centered motivations over a more objective(?) and dispassionate (disinterested?) & ‘professional’¿? approach

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Thanks for the response, I will take a look at the links you add. In comment to your difference if I have financial deputyship the council will take all of my brothers assets except his last £20000, if the council has deputyship over my brother again they will take all assets except the last £20000 I’m not seeing where the wiggle room is between a personal or dispassionate difference? To be clear once all the bills are paid there wont be any thing left which I could use in a more person centered manor, he has a mortgaged flat and a civil servant illness pension. I believe any bills I have covered for my brother I could claim back if I had deputyship but would struggle if the council were in charge but that’s not a big concern to me. IF I’m not understanding or seeing something please let me know. Again thanks and I will look at the links.

Hi @Stephen0001 & welcome.

Deputyship & power of attorney is a very specialised area which is different for everyone. It may be worth you speaking to someone at the Office for Public Guardian to work out which is best option in your situation.

I know one of my colleagues is going through this process at the moment in relation to her parents & it seems to be a slow process - although I think some of that delay is down to her not them. There is also a fee to pay to get it set up & she has had to take out an insurance policy too.

I assume the council woukd take a fee for administering his affairs which would ultimately consume more of his assets too.

I’d definitely seek advice from the OPG or a solicitor to work out what is best in this case.

A good example of why putting power of attorney’s in place is worthwhile.

Hope you get it sorted.


Not directly connected to the original post but if you want to protect assets where there is a couple, you will need a solicitor.
It is possible to place half the assets in trust following the death of the first partner so that only half of the estate can be considered by the council if the second partner requires care.
This protects some of the estate for relatives.

The whole situation seems abysmal to me. Healthcare, free at the point of delivery, apart from if you need care. Surely there has got to be a better way

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