In the UK, the Court of Protection plays a vital role in safeguarding the interests of individuals who lack the mental capacity to make decisions for themselves.
The Court of Protection can appoint deputies to act on behalf of these vulnerable individuals, ensuring their property, financial affairs, and personal welfare are managed appropriately. When there is not an appropriate friend or family member to take on the role of deputy, a professional deputy may be appointed. A professional Court of Protection deputy is often a lawyer or another qualified individual who takes on this responsibility, especially in complex cases involving significant assets or contentious issues.
Anjum Noreen, Senior Associate and Head of the Court of Protection team at Bromleys, discusses the complexities and responsibilities involved in being a professional deputy.
What is a Court of Protection Deputy?
A Court of Protection deputy is someone appointed by the court to make decisions for a person who lacks mental capacity. There are two types of deputies: property and financial affairs deputies and personal welfare deputies.
Property and financial affairs deputies handle tasks such as paying bills, managing bank accounts, and selling property. Personal welfare deputies make decisions about medical treatment and care arrangements. One person can be appointed to do both roles.
Who Can Be a Deputy?
Anyone over the age of 18 can apply to be a deputy, including family members, friends, or professionals. In cases where there are large sums of money or complex issues, the court may prefer to appoint a professional deputy.
Professional deputies are often solicitors or individuals with expertise in managing finances and legal matters. They are chosen for their ability to handle the intricate responsibilities and ensure the best interests of the person lacking capacity are met.
Responsibilities of a Professional Deputy
The responsibilities of a professional deputy are extensive and require a high level of diligence and transparency. Key duties include:
- Financial Management: Handling all financial transactions, paying bills, managing investments, and ensuring the individual’s assets are protected.
- Record Keeping: Maintaining detailed records of all decisions and transactions to provide accountability and transparency.
- Reporting: Submitting annual reports to the Office of the Public Guardian (OPG) detailing the decisions made and the financial status of the individual.
- Seeking Advice: Consulting with other professionals, such as financial advisors or medical experts, to make informed decisions.
- Acting in Best Interests: Always prioritising the best interests of the person lacking capacity, which includes considering their wishes and feelings as much as possible.
How Can Bromleys Help?
At Bromleys, we offer comprehensive support to those seeking to appoint a professional deputy. Our experienced team is well-versed in the intricate responsibilities and legal requirements of the role. By partnering with Bromleys, you can ensure that all financial transactions, record-keeping, and reporting obligations are meticulously handled, allowing you to focus on the best interests of the individual.
If you require a professional deputy, do not hesitate to call us on 0161 330 6821 or email bromleys@bromleys.co.uk.