Thursday, 1 April 2010

Today I Was Looking For an Excuse...

...to avoid cooking dinner.

So instead I filed papers with the Court of Protection (CoP) to cancel those Lasting Powers of Attorney (LPA's). I decided to file on the grounds that the statutory instrument(s) no longer exist because they were created without a valid objection being considered. That oversight was caused in part by an clerical error on the part of the Office of the Public Guardian (OPG) and in part by a "change of heart by the solicitor in the two months it took for him to register the LPA's." I chose this procedural argument because it is an issue of law that does not call into question anyone's suitability to hold an LPA. It also gives me the opportunity to use the suitability argument as a fall back position in the unlikely event that this course of action should fail.

While this process only involved filling in a form the form in question was 10 pages long, needed to be filed in triplicate and carried all the usual warnings about making false or inappropriate statements. I think then that the vast majority of people would have found the form quite intimidating and I guess that was the Brits second gamble.

It is fortunate then that this isn't the first time that I've been forced to represent myself in court. I believe the last time when I was fighting that eviction notice that caused the Brits to very generously bail me out of my troubles. On that occasion I remember that the conversation with the District Judge went something along the lines of;

Him: "I think you're clearly not disabled.";

Me: "Well this report by a court appointed doctor thinks that I am."

Him: "I'm not going to bother read that so you lose. Bad luck(!)"

Based on that experience I have no choice but to think that this current case could go either way especially as the Brits are probably 'phoning round "appropriate" Judges as we speak.









* Just for the record the papers were received by the court at around 14:38. Since then I've been in the pub hiding from the 19:00 dinner deadline whilst desperately searching for the MAKE INTERNET WORK!! button on my mobile 'phone.

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