Lay deputy blog series: I am a deputy - where do I start? First steps

Your application to be a deputy is successful and you have now received the final Order from the Court of Protection (“COP”) appointing you as such. You have/have been provided with a catalogue of documents and financial paperwork; or you may have been provided with nothing at all. You may have already been contacted by various organisations asking for information, or even payment for services. One of the first questions that I am sure may be crossing your mind - where do I start?

It may seem like a daunting task ahead, and it is certainly one that needs to be conducted with a thorough and considered approach. After all, managing the personal affairs of someone who is no longer able to do this for themselves, requires particular care and attention.

Below are some initial steps that should be considered when setting up and managing a new deputyship.

Check your order

The order you have received will set out the specific authority you have been granted in relation to the protected party’s (“P”) assets, the type of reporting you will be required to give to the Office of the Public Guardian (“OPG”) (the supervisory body for all attorneys and deputies) as well as details of the level of security set or any payment of costs relating to the application to appoint a deputy if made by a third party. Review the order carefully and take note of the authority it gives you, but also any restrictions. Such as, authority to sell or purchase property or to invest funds.

 

Notify P

The COP requires notification of P within 14 days of receiving the order. Instructions as to how to completed this will be set out within the covering letter to the order. Though this will usually need to be completed in person and by providing P with, and explaining, the order in full. They may not fully understand what this all means but they still need to be informed and given a chance to take on board the implications.

 

Notify other parties

Although it is not formally required by the COP, it is advisable to notify others who may be connected to P, such as close family members, friends or care staff.

 

Open a deputyship bank account

This is an essential first step. Most high street banks will be able to assist with this. You will need to open a regular current account but it is important it is clearly identified as a deputyship account so it should be titled ‘Your name as deputy for P’s name’.

 

Gather financial information

You may already hold information as to P’s finances, but it is good practice to review the details you have and gather as much additional information as you can. This will include what cash assets, property, investments, chattels and any other capital P holds, as well as what income is received and expenditure is due. This can sometimes be easier said than done, especially in cases where P has lost all capacity and cannot inform you directly of what their financial circumstances involve. In these instances, there are specialist companies that complete financial searches These can be found with a basic browser search.

 

Register order with third parties

Now you have the information you require to understand the full extent of P’s estate, you will need to start registering the deputyship with all third parties; including but not limited to:

• Banks
• HMRC (if income tax payable)
• Investments/NS&I
• Occupational/Private Pension
• Care facilities
• Occupational Therapist/other medical professionals
• Case Managers
• Employers
• Accountants (if tax return required)
• Social services
• Department of Work and Pensions
• The Pension Service
• Jobcentre
• Rental Income through estate agents etc. (if rental property owned)
• Utility companies (if property owned)
• TV Licence (if property owned)
• Land Registry through registration of restriction (if property owned)
• Insurance companies (for property, contents, medical, pets, care etc.)

It is worth noting that the authority under a deputyship is limited to England and Wales and will not necessarily be recognised in foreign jurisdictions.

 

Record keeping

It is advisable to set up and keep accurate records of all financial information in one place where it is easily accessible and viewable, such as an excel spread sheet (this will be key when it comes to completing the OPG Annual Report – see below for details).

 

Amalgamating assets

Depending on the makeup of P’s estate you may decide to gather in all cash assets into one easily run and accessible account. This could be one of P’s existing accounts that you are now registered on or a new account opened for this purpose. Most banks will be willing to open a new deputyship account in your name as deputy to P.

 

Set up income and expenditure

You can now start transferring all income and expenditure to one account held by P. Many banks will offer a switch service which will allow income and expenditure to be automatically transferred, along with the balance of the account, to another current account without you having to request this from each third party separately.

 

Benefit checks

It is requirement that an annual review of P’s benefit entitlement be completed. This may not be relevant for all, though it is advisable that even a basic review be completed to ensure P is receiving all benefits they are entitled to and at the correct rate. There are specialist companies that can be instructed to complete these reviews on your behalf and can be found through a basic browser search.

 

OPG Annual Report

Every deputy will be required to complete an annual report that is then submitted to the OPG for consideration. The report acts a as a safe guarding tool to ensure that the affairs of P are being managed appropriately. Within the report, you will be required to detail all P’s assets, income and expenditure as well as details of any decisions you have made during the last deputyship period (this will be on an annual basis from the date of the order). These can now be completed online and submitted to the OPG for review. The OPG will consider the report and come back with any further queries they may have. Any anomalies within the report will be investigated further by the OPG.

 

Pay the OPG fees

The OPG requires an appointment fee of £100 to be paid upon the appointment of a deputy. They will write to you to request this. The OPG also requires a supervision fee to be paid annually. This is usually £320 however there are exemptions and remissions depending on P’s assets and income. Do check if they are eligible by visiting the OPG website. If not, the fee will need to be paid out of P’s funds. This can be done by bank transfer, phone, online or by setting up a Direct Debit.

 

further information

If you would like further information or advice about the topic discussed in this blog, please contact Lauren Eyre in the Court of Protection team.

 

about the author

Lauren deals with the management of deputyships, with a focus on clients diagnosed with dementia and those that have suffered medical negligence resulting in serious brain injuries and long term impairments.