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Professional Deputy Services

 Professional Deputy Services

What is a Deputy?

A Deputy is a person appointed by the Court of Protection to manage the personal welfare or the property and affairs of another person, who lacks the mental capacity to manage them themselves. A Deputy can only act under a court order from the Court of Protection. This order sets out the Deputy’s powers and entitles the Deputy to act on behalf of the person lacking capacity.

A Deputy will not be required if the person lacking capacity has previously made a Lasting or Enduring Power of Attorney (LPA/EPA).

Types of deputy ship

A Deputy can be appointed by the court to act as:

  1. A Property and Affairs Deputy - making decisions about property and financial affairs, including the sale and purchase of real property, managing investments and operating bank accounts.
  2. A Personal Welfare Deputy - making decisions about health and personal welfare, including treatment options. However the Deputy cannot refuse consent to life sustaining treatment

Who can be a Deputy?

You can apply to be a deputy if you’re 18 or over. Deputies are usually close relatives or friends of the person who needs help making decisions. In some cases it is appropriate for a professional deputy to be appointed particularly if an individual has substantial assets and there is a need for a high level of professional involvement. Where the person lacking capacity has substantial assets then a professional Deputy will almost always be appropriate.

If you want to become a property and affairs deputy, the court will check you have the skills to make financial decisions for someone else.

Role of a professional property and affairs Deputy

As the title suggest a Property and Affairs Deputy is to be responsible for all aspects of an individual’s property and financial affairs. The Deputy should ensure:

  1. That there is a property and investment strategy to ensure funds grow and deliver income implemented by working with other professional advisers
  2. That state benefits are claimed
  3. Administer payments, including on going costs
  4. In complex cases employ a care team and dealing with employment law issues to meet the client’s needs
  5. Buying/adapting a house
  6. Considering Wills and gifts
  7. Support and advice to the client and their family to ensure that the client’s wishes are known and taken into account
  8. Ensure tax is managed properly
  9. Keep accounts and report appropriately to the Court of Protection

Our values:

  1. We act at all times within the best interests of the client in mind
  2. We adopt a sympathetic and professional approach engaging with the individual and taking in to account their wishes to the extent possible
  3. We develop relationships with families, professional carers and other relevant parties
  4. We comply with the requirements of the Mental Capacity Act Code of Practice
  5. We work with professionals to ensure that assets and investments are well managed

In addition to following these general principles, the Court of Protection places numerous obligations on the Deputy, as a safeguard to the person lacking capacity. These include obtaining a security bond, complying with supervision by the court and filing annual reports and accounts.

 

Next Steps

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Please contact our head of department Robinsonl@hevans.com or Daniel Wilde on 01633 760662 email wilded@hevans.com alternatively please complete our enquiry form