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Things not to do
Now you have an idea of the full scope of your role as deputy, here are a few cautionary comments based on our years of experience of working within the field of Court of Protection.
DO NOT mix P’s funds with your own:
Funds belong to P should always be kept separate from your own. This includes any income they receive, such as benefits payments or share dividends. The OPG will scrutinise any payments being received into your bank account that legally belong to P. This will likely raise queries in response to your OPG reports and potentially initiate the OPG sending out a court visitor to discuss your role with you. Long term receipt/mixing of funds, without sufficient and reasonable justification, may lead to an investigation and discharge of your deputyship order. It is always best practice to open a separate bank account to hold all funds owned by P and to receive any income.
DO NOT register/open a bank account in joint names with P
All bank accounts held by P prior to your appointment as deputy, and any new accounts opened by you on P’s behalf, should NOT be opened as joint accounts. This will may cause issues later on in the deputyship and may also give rise to post death issues. See my blog on this specific topic here: [include link to blog on joint accounts with banks]
DO NOT make large gifts without authority
This is one of the most common reasons why a deputy or attorney can find their decision-making under investigation, and sometimes end up being removed from their role. Any large gifts (this includers cash, chattels and transfers of assets/property to another) outside of the customary occasion gifting allowed in your order, should be authorised by the court first. If you are unsure, then seek professional advice first before making any such gift.
DO NOT use P’s funds for your own personal spending
Being appointed as deputy does not mean you have the authority to use P’s funds as your own, no matter what relation you are to P. Funds belonging to P should never be used for your own personal spending. This type of spending will be picked up by the OPG and will likely lead to an investigation and potentially discharge of your deputyship. In extreme circumstances, these actions may be reported to the police and potentially lead to criminal charges. This type of spending may also affect the financial assessment process if you are seeking funding from the Local Authority. Any expenses reasonably incurred by you as deputy, made on behalf of the management of P’s affairs, can be claimed back. Though be sure to make good notes as to why you incurred this spending and to include this within your OPG annual report.
ALWAYS submit the OPG annual report and pay the supervision fee
This is another area in which many deputies fall short and may lead to further questions from the OPG down the line, as well as the potential discharge of your deputyship. The annual report is not a ‘option’. It is an important tool for the supervision of the deputyship. Make sure the reports are always completed fully and submit on time. If you are unsure as to how to complete the report, help can be sought from professionals or the OPG. And always pay the supervision fee/make the application for exemption if possible.
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.
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