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Renewed Guidance for Deputies

New standards for Deputies published. The Office of Public Guardian (OPG) has just published a revised set of standards. These include guidance to ‘lay Deputies’. The aim of the new standards is to help Deputies (specifically lay Deputies) carry out their role to the best of their capacity. When you become someone’s Deputy you are given the responsibility to make decisions on behalf of vulnerable individuals who have lost the capacity, or in some cases with young Donor’s that have never had capacity in the first place.

The criteria for being appointed a Deputy is that you are over 18 years old, a person of good character, that has not had any problems managing their money in the past (insolvency or bankruptcy will probably exclude you from being able to fulfil this role) and you would act in the Donor’s best interests. Lay Deputies are often close relatives or friends of the Donor. In some cases, if there is no lay Deputy available a professional can be appointed. The OPG reported that their collected feedback suggested that the previous standards were in need of simplification. Also, there was a gap in standards for lay deputies.

The revised standards are clearer and applicable to all deputies, including lay Deputies. They focus on eight core areas, reflect the duties and responsibilities of all Deputies and are available via the gov.uk website.

The renewed standards remain guided by the principles of the Mental Capacity Act, the Office of the Public Guardian has not changed the standards, merely simplified them.

All Deputies will be supervised against these refreshed standards. Deputies are encouraged to use the standards as a checklist to ensure they are considering all relevant areas of their role.

If you are a deputy, it is crucial to take the time to understand how these standards apply to you and your role. You can find the revised standards here 

If you would like any further information on applying for a Deputyship for someone you care about, please feel free to give me a call on 07825 800 299.