A deputy can be a professional or an individual. In many cases, the deputy is a family member who acts on behalf of a loved one who no longer has capacity.
However, there are certain circumstances where it is more appropriate to have a professional deputy appointed (where the individual has no family members or close friends, where the estate is of high value or when the matter is complicated).
A professional deputy will have a broad understanding of how to run a deputyship application together with the ongoing duties and procedures involved. A professional deputy will also have a thorough knowledge of the Mental Capacity Act 2005 and follow the standards set by the Office of the Public Guardian.
Why choose a professional Deputy?
Professional deputies have the advantage of knowledge and experience of these roles and how best to manage the role. A professional deputy is still responsible for annual reports to account for all funds and decisions made on behalf of the person who lacks capacity. They can also be subject to spot-check inspections by the Office of the Public Guardian (‘OPG’) to ensure they are fulfilling the role.
Having a professional deputy relieves the burden of acting from family members and close friends and avoids the risk of conflicts arising. A professional deputy will offer you the peace of mind and knowledge that someone with the requisite experience is managing the affairs in a professional way.
What does a professional Deputy do?
A professional deputy will generally del with the day to day activities on behalf of the incapacitated person e.g. paying utilities, paying carers and ensuring there are funds available to meet the person’s needs.
A professional deputy would usually work alongside other professionals such as a financial advisor, to ensure that the money is being managed and safely invested.
How can MLP Law help?
Our specialist solicitors are dedicated to supporting and acting in the best interest of the vulnerable persons. They are able to work in the role as a professional deputy, adhering to the guidance released by the OPG to ensure all needs are met.
For more information on how we can support you as a deputy, please contact a member of the Wills, Trusts and Probate Team: 0161 9269969 or WTP@mlplaw.co.uk
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