Care charities and other not-for-profit organisations may play a bigger role in future in protecting the interests of vulnerable people.
On 4 August, the Office of the Public Guardian (OPG), which works on behalf of people who lack mental capacity, launched a call to evidence, seeking the views of charities on whether they could provide deputies to protect the interests of people who lose mental capacity following illness or after an accident.
Deputies are appointed by the Court of Protection when there is either a dispute over who should look after their affairs or they have no one else to turn to. Currently, almost all deputies are lawyers, although the work is not always of a legal nature.
Public Guardian Martin John said: “Deputies play a very important role in supporting some of the most vulnerable people in our society.
“Charities and other third sector organisations potentially have a huge amount to offer in this area. This call for evidence will ensure that we can understand in detail how best charities might be able to contribute in this area.”
Charities would be able to charge a fee for deputyship services, as do solicitor and local authority deputies. The Court of Protection sets fixed fees for certain types of work and the call to evidence says that the way the client is charged must be “fair and transparent”.
Andrew Wareham, an associate in the Estate Planning & Tax department at Gregg Latchams and a specialist in Court of Protection work, said: “It will be interesting to see how charities and other voluntary sector organisations respond to this call for evidence.
“However, putting in place a Lasting Power of Attorney (LPA) avoids the need for anyone other than people you have appointed yourself to manage your financial and property affairs, and make decisions involving your health and welfare, should you lose mental capacity.
“An LPA is a sensible step to protect your financial future for yourself and your family, alongside making a will and estate planning. It may never be used, but if you cannot manage your financial and other affairs in your old age – or at any age – having an LPA avoids the need for complicated legal proceedings.”
The call to evidence closes on 27 October.
For more information, please contact the Estate Planning & Tax department.
