Overview
Lay Deputies
If an individual has lost capacity to make financial decisions for themselves without making a Power of Attorney, a Deputy can be appointed by the Court to manage their affairs. A lay deputy is usually a family member or friend of the person who lacks the capacity to make the decisions for themselves. A lay deputy cannot charge for their time spent in the performance of their deputyship duties. It is also possible for the court to appoint a professional Property and Affairs Deputy.
Get in touch for Lay Deputy support
What does a Lay Deputy do?
Anyone acting as a lay deputy will have to undertake to the Court to follow certain procedures and take on certain responsibilities, including:
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Making sure they always make decisions in the person’s best interests
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Only making decisions they’re authorised to make by the court
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Keeping strict records and receipts for use of funds
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Checking eligibility for benefits and making applications
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Keeping the client’s money separate from their own and ensuring this is audited regularly
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Ensuring they are always following the five statutory principles of the Mental Capacity Act 2005, and follow guidance in the Mental Capacity Act Code of Practice when relevant
They will also be responsible for completing some administrative tasks to fulfil the person’s financial responsibilities and show the court their money is being spent correctly. This includes keeping good records and completing an annual report to the Office of the Public Guardian, which accounts for how an individual’s money has been spent.
How can Jackson Lees help?
Jackson Lees can provide a range of services to assist lay deputies with these responsibilities, including:
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Drafting applications to appoint a lay deputy and providing electronic submission (which is often much faster than paper applications)
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Completing annual accounts and report for the Office of Public Guardian
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Providing advice regarding Gratuitous Care payments and application to the Court to request authority for gratuitous care to be paid to the lay deputy
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Help with applications for permission to sell and/or purchase property
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Transfer of Deputyships
Jackson Lees’ Court of Protection Department understand that becoming a lay deputy for someone is a significant undertaking, and we are on hand to support you from your initial application and throughout your appointment. Call today on 0151 282 1700. Alternatively, you can make an enquiry, or request a call back at a time that is convenient for you, and a member of our team will be in touch to discuss your situation.