The December 2014 report to Parliament on the “Fundamental Review of the Supervision of Court Appointed Deputies by the Public Guardian” was not necessarily on everyone’s Christmas wish list, but it is an important publication and one which the Clarke Willmott Court of Protection team (CWCoP) was very interested to read. Anthony Fairweather is a Court appointed panel Deputy and we also assist individuals to make applications to the Court to be appointed Deputies themselves.
Being appointed as a Deputy is not simply a case of spending P’s money in a manner which is in P’s interests (although this is of course an important part of the role). Any Deputy must keep accurate records of the decisions they make and an annual report is required to be submitted to the Office of the Public Guardian to ensure that the Deputy is fulfilling their role properly. As the report says – “the person lacking capacity is at the heart of all the OPG does”.
This has to be the right approach and is a reminder that the empowerment of P and their autonomy is at the core of the Mental Capacity Act 2005.
Here at CWCoP we are passionate supporters of the Court, the OPG and above all else P and those who are trying to help them. We are experienced practitioners who enable P (and their Deputies or Attorneys) to make the right decisions, whether this concerns health and welfare applications, statutory wills and care home funding or the management of P’s property and finance. We thoroughly embrace the OPG’s response to the review that it “has succeeded in its aims to generate a responsive, case-sensitive approach to supervision, with effective and proportionate oversight, in order to ensure that the person lacking capacity is protected and their needs met”.
2015 will bring its own challenges: we will start to see the practical aspects arising from the judgment in Cheshire West and many of the provisions of the Care Act 2014 come into force in April. We are ready for these events and are here to help.
For advice or further information about how we can help please contact a member of our Court of Protection team.