Court appointed deputies
A Deputy is a person appointed by the Court of Protection to manage the affairs of someone who has lost capacity where they have not planned ahead by making an LPA (or an EPA before 1/10/07), There are two types of a Deputy, one for Property and Affairs and one for Health and Welfare.
The decision as to who to appoint as Deputy is a judicial decision and the Court will appoint the person it most thinks is in the person’s best interest.
The Court will look at a range of factors when deciding who to appoint and will appoint a professional to act as a Deputy where there is nobody willing or able to act on behalf of the person lacking capacity.
Supervision of Deputies
One of the responsibilities of the Public Guardian is to supervise and support Court appointed Deputies. There are four levels of supervision:-
- Type 1 - close supervision - for complex cases, where there are disagreements or the Deputy is under investigation.
- Type 2A - intermediate supervision – often appropriate for new lay Deputies who require for support particularly in their first year.
- Type 2 - light supervision - where the Deputy is a close relation and the case is straightforward.
- Type 3 – minimal supervision -where the assets are less than £18,000
What fees are payable?
- Types 1, 2a and 2 - £320 per annum
- Type 3 - £35 per annum
A list of approved professional Deputies referred to by the Court of Protection in situations where nobody closer to the Client is willing or able to act. The panel of Deputies are responsible for supporting Clients by managing their financial needs. Panel Deputies are not guaranteed cases but have to apply and be approved by the Court.