Deputyship works in the same way as appointeeship but offers the additional protection of the client’s assets, savings or property. Deputyship is appropriate when someone has not previously appointed an attorney in a Lasting Power of Attorney (LPA) and does not have the mental capacity to make an LPA. Deputies are appointed by the CoP, and are required to obtain an Assessment of Capacity Form (COP3) with relation to the client, before they can proceed with their application. This form can be completed by either a registered medical practitioner, psychologist, psychiatrist or therapist, and details the mental capacity of the client. Some of the key responsibilities of a Deputy include:
- receiving the individuals income from all sources, including shares, occupational pensions, state benefits, premium bond winnings etc
- administering the day to day finances of their client eg. paying bills
- keeping accurate records of the administration of their client’s finances, and been accountable to the CoP in the form of an Annual Report, which is required by law.
- making tax returns
- look after the client’s property
- closing down bank accounts and opening one interest bearing account to be used for the maintenance of the client
- take out insurance which covers the client’s income & spending during the life of the deputyship
- co-operate with any CoP Visitor
- keep to all orders & directions the Court makes
- notify the Court if there is a likelihood of the client getting married, divorced or involved in other legal proceedings.