What to do if a Deputy isn’t acting in a person’s financial best interests
A vulnerable person, who is unable to make important decisions for themselves, may have a Deputy appointed by the Court of Protection to manage their financial affairs. In many cases, the Deputy will act diligently in the person’s best interests, but occasionally they may fall short of expectations.
If you know someone whose Deputy is not acting in the person’s best interests, or you have concerns about their approach, you may feel powerless to help. In fact, there are steps you can take that can result in the Deputy either being guided to more appropriate action or, in more extreme cases, stripped of their Deputyship.
What is a Deputyship?
If a vulnerable person is unable to make crucial decisions about their life, a loved one, be it a family member or a friend, or indeed a professional person like a solicitor, will be granted the authority to make those decisions for them. Such decisions can relate to either financial and property affairs, or decisions concerning health and welfare. The situation may be permanent or temporary, with causes ranging from a severe accident or illness to brain damage, dementia, mental illness, and alcohol or substance abuse.
Ideally, the person will have set up a Power of Attorney in advance, but this is not always the case, especially if the situation is sudden and unforeseen. In such a case, an application must be made to the Court of Protection to set up a Deputyship.
Where the Deputy has not been professionally appointed, they are known as a Lay Deputy. A financial Deputy will be responsible for managing the person’s finances, including bank accounts, investments, and property.
What can go wrong with a Deputyship?
The rules around Deputyship are complex, and there are many restrictions on what a Deputy is allowed to do. For example, if the Deputy wishes to buy or sell property on the person’s behalf, they will need specific authorisation from the Court of Protection.
A Deputy must file an annual report of the person’s finances, and any issues or financial concerns may well be picked up here. However, if you are close to the person whose affairs are being managed, you may notice issues that could get lost in the report.
These may simply be innocent mistakes, , or the Deputy may be abusing their trust. In either circumstance, you may wonder what can you do to help?
What to do if a Deputy isn’t acting in their best interest?
If you feel the appointed Deputy is failing to act in the person’s best interests, the solution will depend on whether you feel they are making a genuine mistake or acting in bad faith.
If you think they’re simply making mistakes or have the wrong approach, it might be enough just to talk to them. If the situation is more serious, speaking to the person’s case manager, (if they have one), will help in suggesting the next steps to take.
It may also be appropriate to speak directly to the vulnerable person if their condition allows them to have some understanding of what is happening. This is particularly true if you disagree with the approach that the Deputy is taking. You may find that the person is happy with it. Alternatively, they may wish to consider arranging an alternative Deputy.
However, if you are unable to resolve the matter you can approach the social services department responsible, remaining anonymous if you prefer. Or, contact the Office of the Public Guardian (OPG), the government body responsible for oversight of Deputies. The OPG can either guide the Deputy to change their approach or, in more extreme cases, cancel the Deputyship.
The OPG can be contacted on opg.safeguardingunit@publicguardian.gov.uk or 0300 456 0300, or else at:
PO Box 16185
Birmingham
B2 2WH
In emergencies — for instance, if you suspect fraud or abuse — the matter would need to be reported to the police. Even in this case, though, it may be a good idea to ask for advice from the caseworker or social services on how to approach reporting the matter.
We can help with arranging a Deputyship
The rules surrounding Deputyship are extremely complex and ever-changing.
At Osborne Morris & Morgan, we can help with all aspects of Deputyship, assisting in the above situations, as well as acting as a professional Deputy, on a person’s behalf. Get in touch with our specialist Court of Protection Team to find out more.
