Lay Deputy Services
Where the loss of capacity has arisen from a traumatic event leading to an injury claim, the family will also likely be acting as Litigation Friend in that claim.
That role alone can be very demanding, stressful and take a significant amount of energy over what could be many years where the injuries are complex and the damages being sought are significant.
-
Maintaining a careful account of all income and outgoings
-
Preparing and maintaining budgets
-
Submitting annual reports to the Office of the Public Guardian (OPG)
-
Ensuring tax returns are prepared and filed and tax is paid on time
-
Appointing a financial advisor to advise on and manage an investment portfolio and to consider the lifetime sustainability of the funds
-
Manage multiple bank accounts
-
Claim state benefits
-
Arrange policies of insurance (buildings, contents, vehicle, equipment, employers, travel etc)
-
Ensure properties are maintained
-
Making Court applications for authority to buy and sell property
-
Buy, sell and rent properties
-
Arrange for properties to be adapted to include entering in to contracts with contractors, architects and project managers
-
Employ care / support teams including obtaining legal advice on any employment issues
-
Appoint a case manager and multi-disciplinary team
-
Making a Court application for a statutory Will
-
Arranging capacity assessments
-
Liaising with the Local Authority / statutory services
-
Considering / making safeguarding reports
Where a family member is the appointed financial Deputy and where they are also receiving a payment for the family / gratuitous care they are providing, it’s important they follow guidance issued by the OPG - Practice Note SD14. This guidance confirms specific approval would need to be obtained from the Court of Protection for any family care payments being made to the lay Deputy.
There will of course be many occasions where appointing a family member as a lay Deputy is absolutely the right decision in all the circumstances. Many family members for example are appointed as financial Deputy for an older relative who has lost capacity as a result of dementia or following a stroke. However, it may still be sensible for a professional Deputy to be appointed in these circumstances where that relatives' financial affairs are complex or where the family does not have the time to manage this role given their other commitments (work, children etc).
It is important you obtain legal advice before taking on this role to ensure you understand what is involved and what your duties will include.
At Apricity Law we can support a family member who wishes to be or is appointed as a lay financial Deputy for a loved one. That support could include:
-
Making the Court of Protection application for your appointment as Deputy or to replace you as Deputy
-
Advising you on what your duties as a Deputy will be
-
Assisting you with the preparation of the annual reports to the OPG
-
Obtaining capacity assessments where required
-
Making applications to the Court including
- Statutory Wills
- Approval of gifts
- Authority to buy and sell property