Deputyship
Deputyship often gives considerably wider powers, to make decisions and act on behalf of the other person who lacks capacity on welfare issues or on financial matters or on both, depending on what is laid down in the order of the Court of Protection:
- Deputies manage money from any source of income, in addition to benefits/state pension e.g., occupational pension, income from investments, money from a Trust, or direct payments/individual budgets
- A deputy must be over 18 years. A person who has been declared bankrupt or has had a criminal conviction, especially one relating to fraud, is unlikely to be appointed as a Deputy
- The Court of Protection appoints a person or organisations (e.g., a care/support provider) as a deputy. The process takes several months and is a rather complicated legal process
- A deputy is accountable to the Court of Protection and is supervised by the Office of the Public Guardian and has to submit an Annual Report on their decisions, income, and expenditure
- A deputy must act within the scope of the order appointing them and act within the principles of the Mental Capacity Act 2005 and its Code of Practice
- There are fees for the costs of applying to become a deputy and for ongoing supervision. Fees are payable from the money of the person who lacks capacity
- A deputy can claim reimbursement of reasonable expenses, such as phone calls, travel, and postage. A deputy cannot be paid for their time, unless the court order appointing them states that remuneration can be paid, e.g., to a local solicitor.
Deputyship Fees:
| Service | Description | Cost |
|---|---|---|
| Initial set-up | This covers all work carried out up to and including the date the court officially appoints the council as deputy to manage a person's property and financial affairs | £ 944.00 |
| *Annual management (Year 1) | This fee applies from the anniversary of the court order appointing the council as deputy for managing a person’s property and financial affairs | £ 982.00 |
| *Annual management (Year 2 onward) | This fee applies from the anniversary of the court order appointing the council as deputy for managing a person’s property and financial affairs | £ 824.00 |
| Annual property management fee | This covers work such as preparing property for sale, instructing agents or conveyancers, and the ongoing maintenance or letting of a rental property | £ 380.00 |
| Annual reporting fee | This covers the preparation and lodgement of an annual report or account to the Office of the Public Guardian | £ 274.00 |
Note:
If the person’s assets are below £20,300, the *annual management fee is capped at 3.5% of their total net assets.