Whilst it is preferable for a someone who knows the individual concerned to act as their Deputy, it is not always possible, perhaps because:
- The individual concerned has no suitable family members
- There is a conflict between family members
- Family members are unable to act due to their own ill health or other commitments
- There is a conflict of interest for that family member
- The person cannot act because of their own financial history
In these cases we offer a professional deputy service.
Debbie Anderson and Christopher Houghton act as professional deputies, appointed by the Court of Protection, to manage the property and affairs for those individuals who lack mental capacity to do so themselves, but have no relative or friend able to act on their behalf. They are supported by a dedicated Court of Protection team, led by Senior Solicitor Marie O’Malley.
We strive to offer a professional service that embodies the principles of the Mental Capacity Act 2005 and ensures each client receives a service that is personalised to meet their requirements and adapts to their changing circumstances
John was involved in a serious accident, which left him with profound disabilities. Whilst John had capacity to take some decisions himself, he was unable to manage his property and finances – which included his home – and his brother, Phillip, was appointed by the Court of Protection as finance and property Deputy for him. However, six months after the appointment Philip felt that he was unable to cope with the responsibility, particularly when combined with his own work and family commitments. John was living at home with an extensive package of care and Phillip was struggling to keep abreast with organising and paying for the care, maintaining the property and paying the bills.
Phillip contacted Moore & Tibbits and instructed us to talk to John about becoming his professional Deputy. Debbie, and members of the team visited John and spent time learning his preferred methods of communication, to explain Phillip’s proposal that Debbie step in as professional Deputy and seek his views. With John’s support, Debbie was appointed as his new property and financial affairs Deputy.
The team then set to work and:
- Re-directed his post to Moore & Tibbits so that we could deal with correspondence promptly
- Completed an assets and liability record and a budget sheet
- Completed outstanding benefits claim
- Renewed John’s contents and buildings insurance
- At John’s request changed his flooring from carpet to laminate flooring
- At John’s request upgraded his television package so that he could watch his favourite sports
- Arranged a regular gardener
- Conducted a care review with the provider and John, to rearrange the care visits to suit John’s needs
- Set up new arrangements for the payment of shopping for care staff
- Ensured that John was on the best energy tariffs and set up utility accounts
- Visited John on a regular basis to update him on our work and find out if there was anything he needed
- Submitted annual accounts to the Court and renew the Deputy insurance bond
We have been fortunate to work for John for over five years now. During that time he has had regular visits from staff, who have also attended care reviews with him, to advocate on his behalf. This has meant that we have been able to successfully challenge proposed cuts to his care package and request greater support from local health services. We have also worked to involve local befriending services to offer additional support to John and kept Phillip updated and involved. Call us on 01926 491 181 to find out more.