Deputy Report and Lay Deputy Assistance

We are a specialist UK law firm committed to providing exceptional legal services, particularly in the area of Court of Protection.

As a lay deputy, you play a pivotal role in ensuring the well-being and financial security of a vulnerable individual. Some of the tasks and responsibilities that you are required to undertake within this role are routine in nature and well within a person’s everyday experiences and technical abilities. However, other elements can be challenging and may well fall outside of your comfort zone. A lay deputy should consider whether an ongoing relationship with a Court of Protection specialist would assist with these more challenging responsibilities.

What is lay deputyship in the Court of Protection?

Lay deputyship refers to the appointment of a family member, friend or other suitable individual to act as a deputy for someone who lacks the mental capacity to make decisions about their finances and welfare. As a lay deputy, you hold a position of trust and responsibility, making decisions that have a significant impact on the well-being of the individual you support. In some instances, these may be minor decisions, however, others may be significant in relation to both the value of the transaction and also the impact upon your loved one’s lifestyle.

At Price Slater Gawne, we understand the importance of this role and are highly experienced in working with vulnerable individuals, their family members and support network to help in making best interest decisions. We are therefore well placed to work alongside you in your role as lay deputy to  offer guidance and assistance every step of the way.

Should I act as a lay deputy?

Becoming a lay deputy is not a decision that should be taken lightly; it carries significant responsibility and it’s crucial to carefully consider whether you have the time, commitment and understanding to fulfil the duties involved. Primarily, you ought to consider whether there is someone else better equipped to take on the role. The ability to ‘know what you don’t know’ is a great quality of a lay deputy. If that is coupled with a strong relationship with an experienced team of Court of Protection practitioners who you can call upon for advice, you will have every chance of performing the role well.

What do I need to know about annual deputyship report and accounts?

As a deputy, you are required to submit an annual account/report to the Office of the Public Guardian (called ‘Form OPG102’ / ‘Deputy report form’). This report outlines the decisions you have made on behalf of the individual and details the financial transactions made on their behalf throughout the year. In cases where the reports are completed incorrectly or insufficient detail is provided, the OPG may require further information before accepting the submitted accounts. It is within the power of the OPG to ask an attorney to explain their actions and if they are not satisfied that decisions have been made in the best interests of the donor, they can refer the matter to the Court of Protection for a judgement or directions. This can often cause significant stress and concern for lay deputies.

We work alongside a number of lay deputies who prefer to have their annual report prepared for them to ensure everything is recorded and explained correctly to avoid the report being rejected by the OPG and the possible consequences. We can guide you through the process of preparing these reports accurately and in compliance with the Court’s requirements. Where we have ongoing relationships with lay deputies we can often prevent them from making any decisions that would not be compatible with the Court’s likely interpretation of best interests.

How do I go about completing a deputy report?

Completion of the pro-forma report relies on you having kept all of the information concerning decisions made and evidence of all cash transactions throughout the reporting year. Completing a deputy report demands meticulous attention to detail and a thorough understanding of the Court’s guidelines. Our team at Price Slater Gawne will assist you in organising and presenting the necessary information, ensuring a well-structured and comprehensive report that accurately reflects the decisions you have made on behalf of your loved one.

How can Price Slater Gawne help?

At Price Slater Gawne, our specialist team offers a wide range of services relating to the Court of Protection, designed to provide you with the legal advice and support you need to help a loved one when they need it most. We will work closely with you, your family, friends, carers and other relevant professionals to coordinate the affairs of the person you support. Beginning with building a personal relationship with you and your loved ones, we ensure that you are comfortable with us handling such important matters and always receive the best possible advice and guidance. We adopt a client-centred approach and tailor our services to meet the unique needs of each client and their family.  We have been recognised for our excellence in this regard. Trust us to be your dedicated partners in fulfilling your role as a deputy, advocating for the well-being and interests of your loved one at every turn.

If you would like to speak to a member of our Court of Protection team regarding deputyship, please contact us on 03333 058375 or email cop@psg-law.co.uk