Deputyship – New guidelines issued

The Office of the Public Guardian (OPG) have updated the existing Deputy Standards and these are applicable to all individuals who have been appointed by the Court of Protection as a ‘Deputy’, including lay people and professionals.

The Standards set out the duties and responsibilities of Deputies and whilst the core of the Standards have remained the same, the update aims to be more streamlined and accessible to those who require it.

At the heart of the Standards are the principles of the Mental Capacity Act 2005, however the OPG have now tailored these into 8 core areas, to include financial management and ‘best interest’ making decisions.

The Standards and guidance are to provide additional material to Deputies, to ensure the correct management of an individual’s affairs and furthermore that they act in the best interests of the said individual.

All Deputies will be assessed using such Standards when reviewing the annual reports, assurance visits and case reviews. A higher level of knowledge and expertise is expected from the professional bodies, however the OPG will provide initial support to help lay Deputies in meeting their responsibilities.

The updated Standards which have taken immediate effect, can be found here.

If you require assistance with a ‘Deputy’ application to the Court of Protection then please email our Private Client Team at enquiries@askewslegal.co or call them on 024 76231000will