Overview

lay Deputies

Our Court of Protection Team can assist Deputies with applications to the Court of Protection whilst advising them on the Code of Practice and the legal obligations imposed by the Mental Capacity Act 2005.

A Lay Deputy is usually a friend or family member of the person who lacks the ability to make the decisions for themselves and 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. A Professional Deputy has virtually identical responsibilities as that as a Lay Deputy but is a professionally employed person who has the expertise of experience in people and financial management, often dealing with high value matters.

A Professional Deputy will work closely with the person’s family at all times and will take on board the beliefs and opinions of the person concerned when exercising the decision making process.

Duties as a Professional Deputy often include:

  1. Purchasing a property
  2. Arranging for a property to be purchased or adapted to meet the person’s needs
  3. The purchase of an adapted vehicle or equipment
  4. Ensuring that the person is receiving all benefits that they are entitled to
  5. Employing a case manager to oversee a care team
  6. Arranging holidays with support staff
  7. Preparation of a statutory will (for people aged 18 and over)
  8. Submission of annual accounts to the Office of the Public Guardian and completion of tax returns