Using a Professional Deputy

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Using a Professional Deputy

If your loved one has lost the capacity to manage their own property and financial affairs, an application to the Court of Protection must be made to appoint a deputy. At JMW, our friendly Court of Protection solicitors bring a wealth of knowledge, trust and experience to their deputyship work and are committed to delivering the highest level of service.

Many people prefer a professional deputy to act rather than act as a deputy themselves (this is called a ‘lay deputy’). A professional deputy is often appointed to act because there are no suitable family members or friends able to take on the roles and responsibilities required of a lay deputy. Their concerns may include:

  • The risk of relationships changing by becoming a deputy
  • Not wanting to manage large amounts of money
  • Not feeling confident accounting to the Court or doing reports
  • Worries that deputy decisions can be clouded by their love for the individual involved
  • Not wanting to take on the heavy responsibilities associated with being a deputy
  • Feeling overwhelmed by the requirement of acting in accordance with the law and code of practice

At JMW, we can act as a professional deputy for you. Call us today on 0345 872 6666 to find out more, or fill in our online enquiry form to request a call back at a time that is convenient for you.

How JMW Can Help

At JMW, we build trust and rapport with clients, their families and support network to effectively manage all types of property and financial affairs deputyships. We work closely with and use the expertise of care providers, therapists, financial advisors and other professionals to ensure funds are being managed and invested appropriately in order to provide the highest quality of care.

JMW Solicitors’ Court of Protection team includes Andrew Cusworth, who has close to 30 years of experience dealing with deputyships and lasting powers of attorney (LPAs). His experience also includes estate planning and tax planning, using wills, trusts and lifetime giving.

The team is headed by Megan Christie-Copeland, who has successfully dealt with many complex cases and contested Court applications. You can be confident you are in the best hands with JMW’s experienced Court of Protection team.

We offer a professional deputy service and can also provide full support to families and individuals considering this option or wanting help within their role as lay deputy.

What JMW Does as a Professional Deputy

If you choose JMW to act as professional deputy, we will support the individual and their support network with many responsibilities, including:

Managing all types of property

  • Safeguarding their property and finances, maximising the value, using it for their benefit and quality of life
  • Buying or selling property for them, making sure it is suitable, adapted and maintained for their current and future needs
  • Entering into, managing or ending tenancies, ensuring their rented property is suitable

Managing all types of money and financial affairs

Managing all their money - capital, income and outgoings on their behalf, including:

  • Locating, securing and managing bank accounts, investments and other capital
  • Maximising income by applying for all state benefits and pensions
  • Managing all outgoings, including household bills, utilities, tax, insurance, care fees and other expenditure important to them and their wishes/needs.
  • Minimising and dealing with debt and repayment plans
  • Agreeing budgets for expenditure and their personal allowance, managing cash flow for future needs
  • Dealing with holiday requests, purchases for specialised equipment, increased care or support or other big expenses
  • Managing/setting-up/funding a care package and support, ensuring affordability

Managing all other needs and providing support

  • Addressing all the individual’s needs - e.g. instructing appropriate professionals for all necessary therapy and overseeing and budgeting for these costs, such as case management, physiotherapy, occupational therapy, speech and language therapy, neuropsychology, buddy/companion service, etc.
  • Working closely with all those supporting the individual to build strong relationships, trust and high levels of communication. Supporting and working with social workers, local authority, care/support workers and family members

FAQs About Professional Deputyship

What is the difference between a professional deputy and a lay deputy?

A deputy is a person or corporation that is appointed by the Court of Protection to make decisions for an individual who lacks capacity, in relation to their property and financial affairs.

A lay deputy is typically a family member or friend of the person lacking mental capacity. The role of deputy is not part of their job or profession, so as a non-professional, they are called a ‘lay deputy’.

A professional deputy is someone who acts as deputy as part of their job, so they are of a professional standard.

In some cases, the Court may prefer to appoint a professional deputy instead of a lay deputy if the matter is complex, property is involved, there is a high level of income or savings, or ongoing litigation, such as a personal injury or clinical negligence claim.

How much does a professional deputy cost?

At JMW, we offer free initial advice, and our professional deputy services are then offered at the fixed fee, or hourly rate, both of which are set by the Court at capped amounts.

Who pays for a professional deputy?

The cost of a professional deputy is usually paid from the assets of the person who lacks capacity, restricted to the amount that the Court decides is both reasonable and proportionate to the person’s assets.

Talk to Us

Do you have further questions regarding professional deputyship? Get in touch with our dedicated Court of Protection solicitors today by calling 0345 872 6666, or fill in our online enquiry form to request a call back.

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