What does a Deputy do? A Property and Affairs Deputy looks after a person's financial affairs when that person "a patient" no longer can. This often includes paying the person's bills and taking over their bank accounts. A Deputy can do all the things an Attorney can do. At the high end of the scale a Deputy can even sell that person’s house (with the Court’s permission) on their behalf if it is in that person’s best interests to do so. At Wentworth Solicitors we also undertake conveyancing and we operate systems which are laid down by the Council of Mortgage Lenders so we are ideally placed to deal with any elderly asset rich cash poor scenarios which we are seeing increase especially in the South of the UK ; we can handle money do the accounts and any conveyancing all on the instructions of the Deputy.

A Deputy has to account to the Court at all times. Any major decision (such as selling someone’s property – as above) needs the Court’s permission. Every year the Deputy has to provide a ‘Deputyship Report’ to the Court. This gives the Court information on decisions that the Deputy has made on that person’s behalf and also provides summary accounts for the Court to approve.

Who can be a Deputy? In theory, anyone over 18 can be someone’s Deputy. However, the Court will be concerned to ensure that the person appointed is suitable. Therefore, it may not be prudent ( although it may not be fatal to the application) for a proposed Deputy to have been, say, previously declared bankrupt or found guilty of a criminal offence.

Often the Deputy will have a connection to the person who lacks capacity. Commonly a family member or a close friend is often appointed as Deputy. Just as often however it can all get too much for them ; good intentions can be frustrated by the bureaucracy at the Court of Protection but here at Wentworth Solicitors we are Professional Deputies ; we operate a Clients Account at Barclays Bank and we are governed and regulated by the Solicitors Accounts Rules and the Solicitors Regulation Authority ;we do all the bookkeeping as a mater of course so we are best placed to put in the annual financial report ; as such we can safely be regarded as professional Deputies
We have a number of Solicitors in house who enjoy and take on this kind of work and we adhere to all the high standards you would expect from a Solicitor Professional Deputy.