Works in the same way as appointeeship but offers the protection of the client’s assets, savings or property.
Deputies are appointed by the Court of Protection (CoP).
The Office of the Public Guardian (OPG) is entrusted with supervising the work of deputies appointed by the CoP.
Deputies are provided with sealed legal documents allowing them to act for an individual in all aspects of their financial affairs.
Deputyship is appropriate when someone has not previously appointed an attorney in a Lasting Power of Attorney (LPA) and does not have the mental capacity to make an LPA.
How are Deputies appointed?
Deputies are required to obtain an Assessment of Capacity Form (COP3) with relation to the client, before they can proceed with their application.
This form can be completed by either a registered medical practitioner, psychologist, psychiatrist or therapist, and details the mental capacity of the client. Some of the key responsibilities of a Deputy include:
- Receiving the individuals income from all sources, including shares, occupational pensions, state benefits, premium bond winnings etc
- Administering the day to day finances of their client eg. paying bills
- Keeping accurate records of the administration of their client’s finances, and been accountable to the CoP in the form of an Annual Report, which is required by law.
- Making tax returns
- Look after the client’s property