What is a professional Deputy?
While it’s common for a friend or family member to be appointed a Deputy (also known as a ‘lay Deputy’), this is not always possible or appropriate. Not everyone has a loved one who is willing to take on the responsibility of managing a person’s affairs, or perhaps they do, but that person doesn’t feel confident managing large sums of money, for example.
In cases where the Court of Protection does not have a Deputy to consider, it can appoint a professional Deputy.
What is a professional Deputy?
A professional Deputy is a professional, normally a solicitor. They will have experience in making important decisions about care and finances, and knowledge of the law regarding acting on behalf of someone who lacks mental capacity.
Because professional Deputies are often lawyers, they will have access to other professionals or specialists, such as financial advisers, who can help the person and their loved ones with a range of issues or decisions.
Another benefit of having a professional Deputy is that they have the authority to take the administrative responsibilities involved in a Deputyship. This includes filing reports, filling in and submitting forms and looking at finances.
Sometimes, the Court of Protection will appoint a professional Deputy if the case is particularly complex or there are high-value assets involved. A professional Deputy will usually be appointed if the person is a Claimant in a personal injury or medical negligence claim; for example, if they suffered a brain injury which compromised their mental capacity.
What does a professional Deputy do?
A professional Deputy helps individuals make day-to-day and longer-term decisions when they are no longer able to do so. They can also make decisions entirely on that person’s behalf.
Examples of the types of decisions a professional Deputy makes include:
- Arranging finances and payments, e.g. bills and care costs
- Setting up and managing care packages
- Managing tax affairs and bank accounts
- Buying, selling or adapting a home
- Ensuring the person has access to state benefits
- Making sure the person has food, clothing and utilities
- Completing and submitting annual reports to the Office of the Public Guardian (OPG), outlining the income received and what they have spent
When do you need a Professional Deputy?
A professional Deputy is appointed after you have lost the mental capacity to make decisions for yourself.
They are either court-appointed or instructed by the person’s loved ones when they cannot agree on who should make the necessary decisions or do not wish to take on the responsibility. A professional Deputy can step in to act as an impartial substitute.
Who pays for a professional Deputy?
The cost of having a professional Deputy is usually paid by the person who lacks capacity.
If the person has received compensation from a personal injury or medical negligence claim, the costs of a professional Deputy are often included in the claim and paid by the Defendant (the person or organisation at ‘fault’).
Find out more about our professional Deputyship services
Barcan and Kirby offers a professional Deputyship service to clients across the UK from our offices in Bristol and the surrounding area in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury.
For an initial chat about how we might be able to help, call our Court of Protection team on 0117 325 2929 or complete our online enquiry form.