The process of applying for a Deputyship Order can be costly, complex and time-consuming. This is due to a Deputyship Order having a higher level of scrutiny rather than when someone makes a Power of Attorney. Also, due to the high amount of paperwork and the process being complex, this makes it a long process as well as there being delays at the Court of Protection. For a loved one, it can also be a challenging task when acting as a Deputy as there are certain rules and steps to follow.
What is a professional deputy?
A professional Deputy is an individual person or corporation which are appointed by the Court to act for an individual who does not have the mental capacity to make their own decisions with regards to their finances and personal welfare affairs.
Professional Deputies have the knowledge of care, finance and law to make decisions on behalf of someone who lacks mental capacity. It is often the case that professional Deputies are appointed when there is not a suitable family member or friend who are able to take on the role and responsibilities which are required.
Understanding deputyship
There are two types of Deputyship Orders that can be applied for. Firstly, there is the Property and Finance Order which deals with organising the individual’s finances and paying bills on their behalf. Secondly, there is the Personal Welfare Order which enables someone to make decisions in regards to the individual’s medical treatment and how they are looked after. There can be more than one Deputy appointed.
The Court of Protection ultimately decides if a Deputyship Order is appropriate and may appoint a Deputy to act on the individual’s behalf.
Deputy’s are governed by the Mental Capacity Act 2005 Code of Practice which sets out how a Deputy must act. The Code of Practice sets out the following requirements:-
- You must always act in the best interests of the individual
- Act with due care and skill when acting for the individual
- Not profit or derive a personal benefit from the position of acting as a Deputy
- Not ask someone else to make the decisions on the individual’s behalf
- Keep the individual’s affairs confidential
- Keep accounts of both finances and the decisions made
- Keeps the individual’s assets separate from their own
- Submit an annual report to the Office of the Public Guardian
The Court of Protection must ensure that a suitable and trustworthy person is appointed who is able to fulfil the role of a Deputy.
When is a professional deputy necessary?
Each individual is different and has different complexities and needs. Being appointed as a Deputy can be time consuming and daunting and can oftentimes be a burden on the appointed Deputy.
If the individual lacks capacity and has a high net worth, a professional Deputy would have the necessary skills to be able to manage their finances. In some cases, an individual may have lost capacity through an accident which would then lead to an insurance claim. A professional Deputy would have the skills to be able to manage the money that is produced from the claim.
It might be that the individual does not have any family or loved ones who are able to act as a Deputy, this is where a professional Deputy should be considered. Professional Deputies are also impartial when acting as a Deputy if there is family conflict so will ensure that decisions are made in the best interest of the individual at all times.
The role of a professional deputy
A professional Deputy is responsible for helping an individual make decisions or make decisions on their behalf on a day to day basis. The professional Deputy will keep records of all transactions and decisions made before submitting an annual report to the Court of Protection for their assessment.
A professional Deputy is usually a lawyer who has the specialist knowledge, experience and expertise to ensure that the role of a Deputy is being fulfilled. A professional Deputy is impartial when making decisions and will always ensure to act in the best interest of the individual. It is imperative that the professional Deputy is accountable and trustworthy.
The deputyship process
If an individual has lost mental capacity and does not have a Lasting Power of Attorney in place, this is when a Deputyship Order will be applied for either by a family member, friend or professional. This process can be stressful, lengthy and costly.
To apply to become a Deputy, you must submit an application to the Court of Protection. This application involves giving details about the circumstances of an individual. The main form used to apply is what’s known as a COP1 which sets out the basic information of the individual. There are then other forms necessary, which sets out more specific details. Within this application you must set out the following:
- You must provide all information regards to their finances, for example what bank accounts they have, investments and property;
- Explain the circumstances and job role of the person applying to be a deputy;
- You will need to give disclosure of your own finances;
- The person applying must be able to demonstrate to the Court that they have the appropriate skills and knowledge;
- Give details of any professionals or workers that are already involved
- Details of any care needs or treatment that the individual will need to make decisions on
This application is then submitted to the Court of Protection where they will then check if the individual needs a Deputy and whether there are any objections to the application. If they are happy with the application, the proposed Deputy will then be appointed under a Court Order. They will then start the process of acting as a Deputy and submitting annual reports to the Court of Protection. The Court of Protection may over the years request for meetings with the Deputy and ask for information to be provided.
Considering a professional deputy?
It is imperative that the right person is appointed to act as a Deputy.
Here at Goughs, we have the knowledge and understanding to be able to act as a professional Deputy and relieve the stress of any loved ones that would otherwise have applied. We are highly experienced in this field of work and have the skills to be able to successfully complete the role of a Deputy. We work closely with financial advisors, support teams, management companies and the individual’s family to ensure that the correct decisions are made. Get in contact with us if you would like to know more.
