Understanding the Key Responsibilities of a Deputy

The primary responsibility of a deputy is to act in the best interest of the person under their care (known as “P”). This involves taking into account P’s past and present wishes, feelings, beliefs and values, as well as consulting with family members, carers, and other professionals involved in their care. Deputies must balance all these factors to make decisions that truly reflect P’s best interest.

Meticulous record-keeping is essential for deputies. You must document every decision made and action taken on behalf of P, including financial transactions, medical decisions, and related correspondence. Accurate records are crucial for accountability and are required for the annual reporting to the Office of the Public Guardian (OPG).

Most deputies are required by the Court to take out a security bond, an insurance policy that protects P’s assets in case of financial mismanagement. This requirement is to safeguard P’s finances and manage them responsibly, providing peace of mind to both the deputy and P’s family.

If appointed as a deputy for property and financial affairs, you are responsible for managing P’s finances. This includes tasks, such as paying bills, managing bank accounts, collecting benefits, and making investment decisions. It is crucial to manage these finances prudently, avoid conflicts of interest, and keep P’s finances completely separate from your own.

For deputies responsible for personal welfare, the role extends to making decisions about P’s healthcare, living arrangements and daily care. These decisions must be made to enhance P’s quality of life and always in their best interest. Personal welfare deputies can only act when P cannot make these decisions themselves.

Deputies are supervised by the OPG to ensure they fulfil their duties appropriately. Deputies must submit annual reports detailing their actions and P’s financial status. These reports will be reviewed by the OPG to ensure all decisions comply with legal and ethical standards.

There will be times when professional advice is essential. Deputies may need to consult financial advisors, healthcare professionals, or legal experts to make well-informed decisions in the best interest of P.

Deputies need to operate strictly within the limits set by the Court of Protection. This includes adhering to any specific court orders regarding their powers and not exceeding their authority. If a situation arises that requires actions beyond their limits, deputies must seek further guidance from the court.

A core responsibility of a deputy is to protect P’s rights and dignity. Deputies must ensure that their decisions do not unnecessarily restrict P’s freedom and should promote P’s involvement in decisions affecting their lives as much as possible.