Becoming a lay deputy is a significant responsibility bestowed upon individuals to manage the affairs of someone who lacks the mental capacity to do so themselves. This role is crucial in ensuring that the financial and personal welfare needs of vulnerable individuals are met with care and diligence. Anjum Noreen, Senior Associate and Head of the Court of Protection team at Bromleys Solicitors explains.
Getting appointed as a lay deputy
The process of becoming a lay deputy begins with an application to the Court of Protection. The court assesses the suitability of the applicant, ensuring that they are capable and have the best interests of the person they are to support in mind. Once appointed, the lay deputy has legal authority to make decisions on behalf of the person in need.
Lay deputies have a range of responsibilities, which can include managing finances, making healthcare decisions, and ensuring the overall well-being of the person they support. It is essential to maintain accurate records of all decisions and transactions, as these will need to be reported to the Office of the Public Guardian (OPG) annually.
Getting support as a lay deputy
Navigating the responsibilities of a lay deputy can be daunting, but there are numerous resources and support systems available to assist in this journey.
Seeking legal guidance from a reputable Court of Protection team is invaluable. Legal professionals can provide advice on complex issues, help with paperwork, and ensure compliance with legal requirements. They can also represent deputies in court if disputes arise.
The OPG offers training sessions and resources to help lay deputies understand their duties and the legal framework they operate within. These resources cover various topics, from financial management to making decisions about health and welfare.
Effective financial management is a critical aspect of the deputyship role. There are various tools and services available to assist lay deputies, such as budgeting software, financial planning services, and support from accountants. These tools can help ensure that the person’s finances are managed in their best interests.
Connecting with other lay deputies through support networks and forums can provide practical advice and emotional support. Organisations such as the Court of Protection Practitioners Association (CoPPA) offer platforms for networking and knowledge sharing amongst lay deputies.
Practical tips for lay deputies
Stay organised:
Keeping detailed records of all decisions, financial transactions, and communications is essential for accountability. Use digital tools or traditional methods such as binders and notebooks to maintain an organised record-keeping system.
Communicate:
Maintain open lines of communication with the person you are supporting, family members, and other relevant parties. Clear and compassionate communication can help prevent misunderstandings and disputes.
Review regularly:
Regularly reviewing the decisions and actions taken as a deputy ensures that they remain in the best interests of the person you are supporting. This includes consulting with healthcare professionals, financial advisors, and legal experts as needed.
Overcoming common challenges
Many lay deputies juggle their personal lives with their deputyship duties. Time management skills and delegating certain tasks to professionals can help maintain a healthy balance.
Additionally, conflicts may arise between deputies and family members or other stakeholders. It is crucial to approach these situations with empathy and seek mediation or legal advice to resolve disputes amicably.
Bromleys can help
Being a lay deputy is a role of great importance and responsibility. With the right support and guidance, lay deputies can carry out their duties effectively, ensuring the well-being of those they support.
At Bromleys, we are dedicated to providing comprehensive support to lay deputies, helping them navigate their responsibilities with confidence and care. If you are a lay deputy or considering becoming one, do not hesitate to call us on 0161 768 1596 or email Bromleys@bromleys.co.uk.