* Office of the Public Guardian Guidance GUIDANCE FOR LAY DEPUTIES Published 13 February 2023 APPLIES TO ENGLAND AND WALES * Publication for Northern Ireland * Publication for Scotland

CONTENTS * Standard 1: Deputyship Obligations * Standard 2: Best interest decision making * Standard 3: Interactions with P * Standard 4: Financial management * Standard 5: Financial record

keeping * Standard 6: Property management * Standard 7: Decisions related specifically to health and welfare * Standard 8: Additional obligations Print this page © Crown copyright 2023 This

publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit

https://www.gov.uk/government/publications/opg-deputy-standards-guidance-for-lay-deputies/guidance-for-lay-deputies The OPG deputy standards list a number of actions you must take as a

deputy appointed by the Court of Protection to make decisions for a person who lacks capacity to make particular decisions for themselves (referred to as ‘P’ throughout this guidance). This

guidance has been written specifically for lay deputies; it provides additional information on how to meet the standards and what actions you need to take. Standards may apply to property

and financial affairs, health and welfare or both. You are expected to meet all the standards that apply to your appointment type and provide evidence of this when required to do so. You

must retain copies of records, letters, receipts, invoices, appointments, and details of any significant decisions made on behalf of P. As a deputy you are expected to act with honesty and

integrity and act in P’s best interests. You must use the same care, skill, and diligence in making decisions for P as you would in the management of your own affairs. Certain standards are

only applicable to professional or public authority deputies. The guidance will state where standards do not apply to lay deputies. When first appointed as a deputy you will be assigned an

OPG Supervision case manager who will be your point of contact for any questions you may have about your role as a deputy. You will receive a settling-in call at the start of the deputyship.

OPG aims to commission a Court of Protection visitor to visit all newly appointed lay deputies in the first year. In addition to the core standards, this guidance will cover actions that

may be considered best practice. STANDARD 1: DEPUTYSHIP OBLIGATIONS All deputies must understand and meet their obligations and have the skills and experience to perform their role. 1A

AWARENESS OF THE MENTAL CAPACITY ACT 2005 (MCA); THE CODE OF PRACTICE; AND GUIDANCE PUBLISHED BY OPG APPLICABLE TO: Property and financial affairs, health and welfare As a lay deputy you are

not expected to be a legal expert, but you must have enough understanding of the law to perform your role. The Mental Capacity Act Code of Practice provides guidance on important topics and

is available online. We strongly recommend that you read chapters 1 to 5 and chapter 8. Guidance is available for newly appointed deputies on the GOV.UK website. OPG has published more

detail guidance, called practice notes, on specific issues such as gifting. 1B UNDERSTANDING THE AUTHORITY AND OBLIGATIONS OF THE COURT ORDER APPOINTING THE DEPUTY APPLICABLE TO: Property

and financial affairs, health and welfare You must understand and act within the authority conferred by your deputyship order. The court order appointing you as a deputy will include a

section listing certain actions you may or may not take as a court appointed deputy. These will vary according to individual circumstances. For example, the order may allow you to purchase

property on behalf of P. Your Supervision case manager will be able to assist you with any questions you may have regarding your deputyship order. You must make sure that you understand your

limited authority to give gifts from P’s estate. ADDITIONAL INFORMATION RELATED TO YOUR DEPUTYSHIP ORDER The court can appoint two or more deputies to act in one of three ways: * ‘jointly’

- deputies must always act together, must all agree on decision or actions, and all sign any relevant documents * ‘jointly and severally’ - deputies can act together, but they can also act

independently * ‘jointly’ in respect of some matters and ‘jointly and severally’ in respect of others. You should make sure that you make decisions in accordance with your appointment type.

1C SUBMITTING REPORTS TO OPG APPLICABLE TO: Property and financial affairs, health and welfare You must complete a deputy report and submit it to OPG when requested to do so, usually once a

year. Guidance on competing and submitting reports is available on GOV.UK. You must make sure that all information provided on the deputy report is accurate and the report includes details

of any significant decisions made on behalf of P. 1D PAYING SUPERVISION FEES APPLICABLE TO: Property and financial affairs, health and welfare You must pay OPG Supervision fees when asked to

do so. Information about fees and how to apply for help paying them is available on the GOV.UK website. 1E ENSURING APPROPRIATE SECURITY IS IN PLACE APPLICABLE TO: Property and financial

affairs The Court of Protection will ask you to take out a bond before your deputyship order is issued. The value of the bond will be set by the court. You must pay annual premiums to the

bond provider. If there is a significant increase or decrease in the value of P’s estate, you must consider whether the amount of cover provided by the bond is still appropriate. For

example, if P receives a payment from a medical negligence claim the level of security may need to be increased and you will need to apply to the court to increase the value of the bond. 1F

ADHERING TO FIDUCIARY DUTIES* APPLICABLE TO: Property and financial affairs, health and welfare As a deputy you must not take advantage of your position and your personal interests must not

conflict with your duties as a deputy. This is explained in more detail in the Code of Practice chapter 8, paragraphs 8.58 and 8.59. You must not delegate your decision making

responsibilities to anyone else although you can seek expert or professional advice. See the Code of Practice, chapter 8, paragraphs 8.61 and 8.62. *A fiduciary duty means a deputy must not

take advantage of their position or allow their personal interests to conflict with their duties. 1G MAKING APPROPRIATE COURT APPLICATIONS APPLICABLE TO: Property and financial affairs,

health and welfare You may be required to make applications to the Court of Protection when necessary; for example, to request authority to vary the terms of the deputyship in order to sell

P’s property. You can pay the court fee using P’s money. Your Supervision case manager will tell you if an application needs to be made. Guidance about how to make a court application is

available on GOV.UK. 1H CONSIDERING WHETHER A DEPUTYSHIP IS STILL REQUIRED APPLICABLE TO: Property and financial affairs, health and welfare You must apply to the Court of Protection if P

regains capacity to manage their own affairs. If P’s circumstances change you should also consider whether a deputyship is still required, and if necessary, apply to the court to have the

deputyship ended. You must let your Supervision caseworker know if you are intending to apply to end your deputyship. You must inform OPG if P dies. 1I INFORMING OPG PROMPTLY OF ANY CHANGES

IN THE RESPONSES PROVIDED IN THE COP4 APPLICABLE TO: Property and financial affairs, health and welfare You completed a deputy declaration form (COP4) when you applied to become a deputy. If

any of the information you provided changes, you must inform your Supervision case manager. You must let OPG know if: * you are convicted of a criminal offence * you are declared bankrupt,

are made the debtor under an Individual Voluntary Arrangement, or are subject to a Debt Relief Order * a business you are involved with becomes subject to a recognised insolvency regime *

you become aware of any conflicts of interest which may impact on your role as a deputy * you are unable to continue to act as a deputy due to ill health or other factors You must inform

your Supervision case manager of any changes in your contact details and the contact details for P. STANDARD 2: BEST INTEREST DECISION MAKING All deputies must comply with decision making

principles that are in the best interests of P. 2A COMPLYING WITH SECTION 4 OF THE MCA INCLUDING CONSIDERATION OF VIEWS OF RELEVANT PERSONS APPLICABLE TO: Property and financial affairs,

health and welfare You must make sure that all the decisions you make are in the best interests of P. When making decisions you must take into account P’s past wishes and feelings, and the

beliefs and values that would have influenced their approach to the issue if they had retained capacity. You must consult other people for their views on P’s best interests where it is

appropriate and practicable to do so. This could include carers, family members and anyone previously named by P as someone to be consulted about that issue. Chapter 5 of the Code of

Practice provides further detail on best interest decision making. 2B INCLUDING P IN DECISION MAKING APPLICABLE TO: Property and financial affairs, health and welfare You must involve P in

the decision making process as far as possible. You must consider P’s capacity to make particular decisions at the relevant time. Chapter 3 of the Code of Practice explains how to help

people make their own decisions and take part in the decision making process. Chapter 4 of the Code of Practice provides further detail on how to assess a person’s mental capacity. STANDARD

3: INTERACTIONS WITH P All deputies must engage with P in an appropriate manner taking into account P’s individual circumstances. 3A VISITING P AT LEAST ONCE A YEAR APPLICABLE TO: Property

and financial affairs, health and welfare You must visit P and regularly assess their needs; visits must be made at least once a year. BEST PRACTICE IN RELATION TO ENGAGEMENT WITH P You

should discuss and record P’s feelings, wishes, beliefs and interests, both past and present, with P, their family and care providers. You should stay in regular contact with family members

and carers, and make sure they are involved in making best interest decisions for P when appropriate. You should regularly review P’s needs, spending, and capacity to handle money. You

should use appropriate ways to communicate with P, for example, in their preferred language. STANDARD 4: FINANCIAL MANAGEMENT All deputies must manage P’s finances appropriately depending on

the particular assets of P’s estate. 4A CHECKING BENEFIT CLAIMS AND PAYMENTS ARE UP TO DATE APPLICABLE TO: Property and financial affairs You must make sure you have applied for any

eligible benefits for P within three months of receiving your deputyship order. You should review P’s benefits at least once a year. Full details of current benefits are available on the DWP

website: 4B SEPARATING FUNDS APPLICABLE TO: Property and financial affairs You must make sure that P’s funds are kept separate from those of the deputy unless there is a longstanding

arrangement; for example, if the deputy and P are married or in a civil partnership. You can find out more about separation of funds in the Code of Practice chapter 8, paragraph 8.67. BEST

PRACTICE IN RELATION TO THE SEPARATION OF FUNDS If funds are held in a joint account, you should consider whether this continues to be in P’s best interests once the deputyship is in place.

When a joint account is closed the funds are usually divided between the named account holders. If P holds a joint account, you must agree with the other account holder(s) how funds should

be split. The agreed arrangement must be in the best interests of P. You may need to seek approval from the court to agree a separation of funds where there is a potential conflict of

interest. 4C MEETING TAX OBLIGATIONS AND PLANNING APPLICABLE TO: Property and financial affairs You must make sure that all tax obligations are met. You must consider whether specialist

advice is required to help you do so. 4D MANAGING INVESTMENTS APPLICABLE TO: Property and financial affairs You must manage P’s investments to get the maximum return possible, with minimal

risk. You may seek professional or expert advice if P’s investments are complex. BEST PRACTICE IN RELATION TO MANAGEMENT OF INVESTMENTS You should regularly review P’s investments to

consider their suitability and whether they should be varied accordingly. You may need professional or expert advice to support this review. When deciding the level of risk and investment

term, you should consider P’s circumstances, such as their age and any physical or mental health conditions. You should also consider their age and life expectancy, the size of their estate,

any consequences of varying the investments and their future financial needs. You should try to make investment arrangements in line with P’s previous pattern and wishes if this continues

to be in their best interests. You should consider P’s immediate and future needs when considering the length of investment, such as whether funds need to be available to pay for care.

Short-term, low-risk investments are generally more appropriate if P has a lower anticipated life expectancy (less than 5 years) through old age or a life-limiting condition. A longer-term

investment with a low to medium level of risk may be appropriate for a younger person without any life limiting health conditions if they have considerable funds. 4E MANAGING FINANCIAL

LIABILITIES APPLICABLE TO: Property and financial affairs, health and welfare You must make sure that P’s debts are paid on time, for example care fees and utility bills. 4F PROVIDING

PERSONAL ALLOWANCE APPLICABLE TO: Property and financial affairs You must make sure that P has enough personal allowance to pay for items such as toiletries and chiropody if they are in

residential care. If P is living in their own home or in sheltered accommodation you must consider P’s best interests and capacity to handle money and provide enough spending money for their

needs. BEST PRACTICE IN RELATION TO THE MANAGEMENT OF P’S FINANCES When appointed as deputy you should identify and keep safe all assets and investments held by P. You should get a copy of

P’s will, if possible. Make sure that any specific items listed as bequests are kept safe. You should get individual items valued where appropriate. You must notify banks and financial

institutions where P holds an account that you have been appointed as their deputy. You should also notify any additional providers of income such as private pension companies. You should

find out if P is owed any money or assets, for example, rent from lettings or utility accounts in credit. You should try to recover these debts. BEST PRACTICE IN RELATION TO THE FINANCING OF

CARE PROVISION When appointed as deputy, you should contact any care providers, let them know you have been appointed and provide contact details. You should make sure that P’s care

provision is good value for money, and appropriate to the level of funds available. If you, or a member of P’s family, are taking payment for providing care you may need to seek approval

from the court. OPG has published detailed guidance on family care payments. STANDARD 5: FINANCIAL RECORD KEEPING All deputies must keep records of financial decision making and spending.

When you complete the deputy report you will be expected to include records of any financial decisions made on behalf of P. 5A KEEPING FINANCIAL RECORDS UP TO DATE APPLICABLE TO: Property

and financial affairs You must keep receipts and invoices for all financial transactions carried out on behalf of P. You must keep records of all significant financial decisions. When you

complete the deputy report you will be expected to include statements related to financial decisions made on behalf of P. 5B SHOWING HOW FINANCIAL DECISIONS ARE MADE AND RELEVANT FACTORS

CONSIDERED APPLICABLE TO: Property and financial affairs You must make sure that all significant financial decisions are made in the best interests of P and the decision-making process is

free from any conflicts of interest. You must make sure that any decisions about gifts are in line with the authority conferred by your deputyship order. OPG has published guidance on

gifting which is available on GOV.UK. STANDARD 6: PROPERTY MANAGEMENT All deputies must manage P’s property in line with the deputyship order and in P’s best interests. 6A PROTECTING P’S

PROPERTY APPLICABLE TO: Property and financial affairs You must make sure that P’s property is secure and maintained appropriately. You must make sure that appropriate building and contents

insurance is in place and that you understand the terms of the policies. 6B SELLING P’S PROPERTY APPLICABLE TO: Property and financial affairs You must make sure that any decision to sell

P’s property is in their best interest. You must consult appropriate persons, if possible, including P and P’s family before deciding to sell P’s property. You must make sure that the

property is sold at market value and get three valuations if possible. You can only sell P’s property if your deputyship order gives you authority to do so. BEST PRACTICE IN RELATION TO P’S

PROPERTY (IF THEY DON’T LIVE THERE) WHEN YOU BECOME THEIR DEPUTY You should find out who owns the property. You can search for that information on the HM Land Registry website. Where there

is no other living owner able to do so, you should get access to the property and check it is secure. If P has been moved into residential care, you should consider whether it is appropriate

to bring items of sentimental value for P to their new home. You should consider completing an inventory of P’s belongings. If you decide to sell items belonging to P you should keep

records of all items sold. You should make sure that post is redirected and that any necessary utilities continue to be provided. If P is in public authority funded care, you should consider

setting up a deferred payment arrangement where this is appropriate and in the best interests of P. If any family members are living in the property, you should review any pre-existing

arrangements consider whether it may be appropriate for regular payments to be made to P. If P’s property is let, you should consider whether notice should be given to terminate the tenancy.

You should make sure correct legal tenancy agreements are in place and maintained. (You will need to make sure that you have authority from the court to terminate a tenancy agreement and

may need to consider seeking specialist property law advice.) Detailed guidance on letting properties is available on the GOV.UK website. There will be a tax obligation if rental income is

generated from P’s property. Guidance on paying tax as a landlord is available from HMRC. BEST PRACTICE IN RELATION TO P’S PROPERTY (IF THEY LIVE THERE) WHEN YOU BECOME THEIR DEPUTY You

should consider whether the property still meets P’s needs. You should consider whether a care plan or occupational therapy report is required and make sure any necessary adaptations are

made. You should review any tenancy or mortgage arrangements and get the deeds of ownership if necessary. If there is a tenancy agreement in place, you should consider taking out tenants

liability insurance. You should make sure that gas check certificates are obtained for gas fires, boilers, and appliances. You should make sure that electrical checks are carried out and

electrical certificates are available. If P is responsible for paying utility bills, agree any contributions to be made from other household members. STANDARD 7: DECISIONS RELATED

SPECIFICALLY TO HEALTH AND WELFARE All deputies appointed in health and welfare cases must comply with the authority conferred by the deputyship order and make sure that OPG is informed

about key decisions made on behalf of P. 7A DECIDING WHERE P SHOULD LIVE APPLICABLE TO: Health and welfare You must include details in your deputy report of any decisions you have made about

where P should live. BEST PRACTICE IN RELATION TO DECIDING WHERE P SHOULD LIVE If P is paying for their own accommodation, you can choose any accommodation for P provided it meets their

needs and you apply the principles of the MCA. If P is not paying for their own accommodation, you should work alongside the funding provider and try to come to a mutual agreement in the

best interests of P. 7B DECIDING WHO SHOULD HAVE CONTACT WITH P APPLICABLE TO: Health and welfare You will not have the power to prohibit a named person from having contact with P when you

apply to be appointed as a deputy. Any restrictions you want to put on contact with P will need to be carefully considered as they might require a court order. You must include details in

your deputy report of any decision to restrict contact or access of P. You will need make an application to the Court of Protection to prohibit a named person from having access to P if you

believe this to be in P’s best interests. 7C CONSENTING TO TREATMENT APPLICABLE TO: Health and welfare You must include details in your annual report of any decisions you have made to allow

or refuse health care for P. (Deputies do not have authority to refuse life sustaining treatment for P.) You should also consider what decisions are likely to be required in the coming year.

If there is ongoing treatment, you must clearly refer to it in the deputy report. ADDITIONAL CONSIDERATIONS RELATED TO THE PROVISION OF HEALTH CARE When appointed as deputy, you should

notify doctors, care providers and other health professionals about the court order. You should review P’s health and welfare needs at least once a year to make sure their needs have not

changed and are still being met. STANDARD 8: ADDITIONAL OBLIGATIONS Deputies must consider the following additional obligations: 8A AUDITING INTERNAL FILES APPLICABLE TO: Property and

financial affairs, health and welfare This standard does not apply to lay deputies. 8B MEETING PROFESSIONAL OBLIGATIONS APPLICABLE TO: Property and financial affairs, health and welfare This

standard does not apply to lay deputies. 8C INFORMING OPG PROMPTLY OF ANY ONGOING INVESTIGATION OR PROCEEDINGS APPLICABLE TO: Property and financial affairs, health and welfare You must

inform your Supervision case manager if either you or P are subject to a police investigation or civil proceedings. 8D INFORMING OPG OF CONCERNS ABOUT OTHER DEPUTIES APPLICABLE TO: Property

and financial affairs, health and welfare You must inform your Supervision case manager of any concerns you have about the actions of another deputy. Back to top