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Empowering entrepreneurship – a young man with cerebral palsy and his journey to business ownership
Sophie Cook
When someone lacks the mental capacity to make decisions for themselves, an application can be made to the Court of Protection for the appointment of a deputy to manage either their property and affairs or health and welfare their affairs on their behalf.
This can be a daunting process, especially when it involves someone close to you who you wish to protect. Becoming a deputy can involve difficult decisions and can take up a lot of time, as particularly in the beginning there is a lot of work involved. It is important you are fully informed of what your responsibilities will be so that you can be sure you can comply with your obligations and duties.
Lay deputies are usually friends or family members of the person who lacks capacity to make decisions for themselves. However, if no family member is available, willing, or able to act as a deputy, the Court of Protection may appoint a professional or local authority as a deputy.
Should I act as a lay deputy?
If you are considering becoming a lay deputy for a friend or family member, the most important question the Court will ask is that you have the best interests of the individual in mind. You will have to give an undertaking to the Court as a promise that you will do this with every decision you make. You must also be over 18, and you will need to prove that there is no reason to disqualify you from becoming a deputy, such as a criminal record or bankruptcy.
There is a formal application process which you will need to go through, and we will be able to assist you with this.
Your duties
These may include:
- Managing their income and expenditure, including household bills, care fees and pensions
- Ensuring appropriate insurance is in place
- Purchasing or selling a property and ensuring it is fit for the person’s needs
- Ensuring they receive the appropriate state benefits
- Employing a case manager and recruiting a care team
- Ensuring appropriate legal documents are in place, such as a will (for people aged 18 and over)
- Completing an annual report to the Office of the Public Guardian and completion of tax returns
How much does a solicitor charge for lay deputies?
Lay deputies instruct us to complete applications on their behalf, such as seeking approval for gratuitous care payments, making gifts / loans, the purchase / selling of properties and statutory wills. We can also assist if there have been any queries or investigations raised by the Office of the Public Guardian. We also can provide lay deputies with ad hoc advice as and when needed. We charge on an hourly basis (rates prescribed by the Court) and our fees are assessed by the Senior Courts Costs Office unless agreed by the lay deputy. We will always provide an estimate of costs at the outset of the matter and advise if this needs to be revised (because, for example, the matter becomes more complicated and/or contentious).
James Ward
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Paralegal
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Senior Paralegal
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