Book An Assessment →

Services for Professional Deputies

Assessments and Reviews for Professional Deputies

As a professional deputy, it is important to be well-versed in the standards set by the Office of the Public Guardian (OPG). These standards are essential in guiding professional deputies, ensuring they act in a way that protects the best interests of individuals who lack mental capacity. These guidelines not only serve as a framework for the OPG to monitor and support deputies, but they also provide a clear pathway for deputies to follow in fulfilling their responsibilities.

The five main standards are as follows:

A professional deputy's role is comprehensive and extends to managing both the financial affairs and the overall welfare of the person they are appointed to support. The responsibilities of a professional deputy overlap with the work of a social worker in several areas, and there are instances where social workers can assist deputies by providing expertise in certain aspects of care and welfare assessments. As an independent Social Work company, we can be instructed to support you in various areas, offering professional assistance in assessing and reporting on care and welfare needs.

Care Assessments and Reviews

For clients living in care homes or receiving care at home, a professional deputy may not always have the means or the expertise to carry out a full review of their care arrangements. In these cases, we can be instructed to conduct a care review. It is important to note that a care review is not the same as a full care needs assessment. Rather, it is an evaluation of the current care arrangements to ensure that the person is receiving appropriate care and that the costs associated with their care are fair. We offer a cost-effective care review service for a fixed fee of £525 + VAT.

When a person pays for their own care or when a deputy handles the financial arrangements on their behalf, there is often a lack of oversight or regular reviews of the care plan. This situation can result in either insufficient care or an overprovision of care, which can lead to the person being at risk of harm or spending more on care than is necessary. In such cases, we can assist by ensuring that appropriate care assessments are carried out and care plans are developed and regularly reviewed. We can also write care plans and ensure that those providing care are fully aware of the person's needs and how they should be met.

Mental Capacity

In the role of a professional deputy, it is your responsibility to act in the best interests of the individual, especially when they lack the mental capacity to make decisions about specific matters. This can include decisions regarding care, financial management, accommodation (such as moving into a care home), or even issues relating to deprivation of liberty. We can be instructed to assess mental capacity for any decision and assist in making determinations about what is in the person's best interests. Additionally, if you are considering a statutory will, we can be instructed to assess the person's testamentary capacity.

Deprivation of Liberty

Our team includes qualified Best Interests Assessors who are able to support deputies in cases involving Deprivation of Liberty Safeguards (DoLS), which apply to individuals living in care homes, nursing homes, and hospitals. We can also assist those who are living outside of these types of accommodation but are still subject to a deprivation of liberty order. If you suspect that an arrangement may be depriving someone of their liberty, we can review the situation and offer an opinion on whether the criteria for deprivation of liberty are met. Furthermore, if care providers have not obtained the proper authorisation for arrangements that could amount to a deprivation of liberty, we can liaise with them to address the issue.

Continuing Healthcare (CHC) and section 117 of the Mental Health Act 1983 (MHA)

Our expertise extends beyond simply reviewing care plans and assessing mental capacity. We also have experience in funding matters that may not be provided by the local authority or the person themselves. This includes Continuing Healthcare (CHC) funding and funding under section 117 of the Mental Health Act (MHA). These two types of funding are often used together and can sometimes cause confusion. We are familiar with common errors made in the process of CHC assessments, including mistakes in the completion of CHC checklists and Decision Support Tools, which are used by CHC assessors to determine eligibility for CHC funding.

CHC funding is significant because it is not means-tested and the person receiving the care does not contribute towards the cost of their healthcare. The cost of care covered by CHC funding can be considerable, often exceeding £2000 per week. This makes the accurate assessment of eligibility crucial. We can be instructed to review CHC checklists and Decision Support Tools to ensure that the correct conclusions are reached and that your clients are not overcharged for their care.

As you can see, there are several ways in which we can support you in your role as a professional deputy. These tasks are within our area of expertise and are regularly dealt with by our team, both in the context of professional deputies and in other similar situations. If you require assistance with any of the matters discussed above, we encourage you to get in touch with us. We are happy to arrange an informal discussion or help you book any of the services we offer.

What is a Professional Deputy?

In England and Wales, a professional deputy is an individual appointed by the Court of Protection to make decisions for someone who lacks the mental capacity to manage their own affairs. The appointment is made in accordance with the Mental Capacity Act 2005, which ensures that individuals who are unable to make decisions for themselves are still provided with the support they need. The individual may have conditions such as dementia, brain injuries, or severe learning disabilities that render them unable to manage their affairs independently.

A professional deputy is typically a qualified individual, such as a solicitor, accountant, or another professional with experience in legal, financial, and welfare matters. Their role is to manage the affairs of the individual in a manner that prioritises their best interests. This includes overseeing financial matters, managing property, making decisions related to healthcare, and ensuring the individual’s accommodation and welfare needs are met.

The Court of Protection oversees the actions of professional deputies to ensure they are making appropriate decisions. Deputies are required to submit regular, detailed reports to the court demonstrating that the decisions they have made are in the best interests of the individual, and in accordance with the law. If necessary, the Court may also provide guidance or advice to deputies.

A professional deputy is typically appointed when there is no suitable family member or friend available to take on the responsibility. In some cases, the individual may not have granted Lasting Power of Attorney (LPA) for someone to make decisions on their behalf. This can occur if family members are either unable to fulfil the responsibilities or lack the necessary capacity to do so. In such cases, a professional deputy is a suitable alternative to ensure that the individual’s needs are met in a competent and legally compliant manner.

The role of a professional deputy is one of high responsibility, and deputies are held to strict standards. If a deputy fails to meet their obligations, they may be removed or replaced by the Court. Professional deputies are required to demonstrate both competence and care in the management of the person’s affairs, acting always in the best interests of the individual and in accordance with the relevant legal framework.