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:
- 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.
- 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:
- That there is a property and investment strategy to ensure funds grow and deliver income implemented by working with other professional advisers
- That state benefits are claimed
- Administer payments, including on going costs
- In complex cases employ a care team and dealing with employment law issues to meet the client’s needs
- Buying/adapting a house
- Considering Wills and gifts
- Support and advice to the client and their family to ensure that the client’s wishes are known and taken into account
- Ensure tax is managed properly
- Keep accounts and report appropriately to the Court of Protection
- We act at all times within the best interests of the client in mind
- We adopt a sympathetic and professional approach engaging with the individual and taking in to account their wishes to the extent possible
- We develop relationships with families, professional carers and other relevant parties
- We comply with the requirements of the Mental Capacity Act Code of Practice
- 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.