Lay Deputyship Advice

If a person has much more complicated monetary affairs, then the court of protection will need to appoint a professional deputy, to ensure that the persons finances are properly protected. They will also deal with any other decisions deemed important.

If a person’s assets are not substantial, then it will likely be more appropriate for a family member or friend to be named as their lay deputy.

Lay Deputyship - Should I act?

To seek being appointed lay deputy with the court of protection for a friend or loved one, you will need to always have the best interests of the person in mind. The following will also be considered:

• Being 18 or over.

• Of good character, which can be confirmed.

You may not be suitable if you have a criminal record or have been bankrupt.

In order to begin the process, it is best to discuss things with friends and family, to establish if this is something that all parties are happy with. If you are decided as the best person to be lay deputy, then an application will need to be completed and sent to the court of protection to be officially recognised.

There are a number of responsibilities and duties that you will undertake, once the court processes your application:

• If a will has not already been completed, prior to the person needing a lay deputy, they will need to write a statutory will

• If a will already exists, you may need to update details within the will, especially if there are any updates or changes required to beneficiaries.

• Ensuring the proper management of their finances for only their benefit.

A Deputy Annual Report is required, this acknowledges all things that have been actioned on their behalf to the Office of the Public Guardian.

In the unfortunate event that a dispute arises, we are fully equipped to be able to assist and advise. The court of protection is available for anyone if disputes are ongoing, they will be able to make decisions on their behalf.