Deputyship Regulation

What is the Court of Protection?

The Court of Protection’s sole purpose is to protect those people who are unable to make decisions for themselves.  The Court of Protection achieves this goal by appointing Deputies to act in the best interest of those people.  When a Deputy does not carry out his or her duties in a satisfactory manner, the Court of Protection has the power to remove the Deputy.  Additionally, the Court makes decisions involving a person lacking capacity’s finances and welfare.

What is the Mental Capacity Act 2005?

The Mental Capacity Act 2005 protects persons lacking mental capacity.  According to the Mental Capacity Act 2005:

  • Every person has the right to make his or her own decisions and is assumed to have mental capacity unless proven otherwise.
  • A person must be given all appropriate help before being deemed mentally incapacitated.
  • People are entitled to make unwise, and even eccentric, decisions.
  • Deputies must act in the best interest of an incapacitated person.
  • Deputies may only act in the manner least restrictive on an incapacitated person’s rights and freedoms.

 

To read the full text of the Mental Capacity Act 2005, please visit:
http://www.legislation.gov.uk/ukpga/2005/9/contents.

What is the Office of the Public Guardian?

The Office of the Public Guardian (OPG) supervises Deputies to ensure that each Deputy: (1) acts the best interest of the person lacking capacity; and (2) follows the Court’s directions provided in the Deputyship Order.

OPG provides different levels of supervision and support depending on your particular circumstances.  Factors OPG considers are:

  • Complexity of the person lacking capacity’s affairs;
  • Decisions that need to be made for the person lacking capacity;
  • Amount and type of care required by the person lacking capacity;
  • The type of relationship between the Deputy and the person lacking capacity.

 

Once OPG examines these factors, OPG will choose one of the four levels of supervision.  The levels of supervision are as follows:

  • Type 1: Close supervision during which OPG stays in regular contact with the Deputy.
  • Type 2A: Exclusively for Property and Affairs Deputies, OPG uses this intermediate supervision in new cases and for short-term affairs.
  • Type 2: Light supervision during which OPG only monitors samples of cases.
  • Type 3: Light supervision with periodic contact for Property and Affairs Deputies who manage limited assets.