The Office of the Public Guardian exists to ensure that Deputies consistently act in the best interests of the person who lacks capacity. When it comes to providing support and supervision for the Deputy, the level provided is determined by a variety of factors, including:
- The nature of the services required;
- The types of decisions required to be made;
- The level of care required; and
- The relationship between the person who lacks capacity and the Deputy.
The type of supervision provided by the Office of the Public Guardian can also vary widely. For instance, support can be provided on a continuous basis for the Deputy carrying out their role. In addition, a Deputy may be required to submit reports to the Office when requested to by the Court alongside regular check ups to ensure that the Deputyship is being performed effectively.
The support and supervision provided by the Office of the Public Guardian requires payment, and fees are set by Parliament on a statutory basis. The fees cover the cost of providing support and supervision for both the person who lacks capacity and the Deputy. Typically, these fees are paid for from the funds of the person who lacks capacity. For more information on fee payments, give us call on 01536 276300 and arrange a chat with one of our advisors.
Can A Deputy Be Reimbursed For Expenses?
Deputies can be reimbursed for any expenses incurred in the course of their services, providing that they are considered reasonable and reflect the value of the estate of the person who lacks capacity. Typical examples of expense include travel fees, telephone calls and accommodation costs if necessary.
Expenses are commonly judged on a case by case basis and will vary according to the circumstances of each scenario. The Office of the Public Guardian will expect any claim to be reasonable and legitimate and, for this reason, may require an explanation of claims in excess of £500 per year.
Whilst a Deputy may apply for legitimate and reasonable expenses, these do not constitute payment for their services. Remuneration for any works carried out can only be claimed for if the Court Order specifically allowed so in the first place. Deputies seeking payment for their services therefore must expressly state so to the Court when drafting their initial application.
Professional advice may be sought in complex scenarios, such as medical and financial cases, and fees will be payable from the funds of the person who lacks capacity. A Deputy has a duty not to delegate their decision-making responsibilities to a third party however, and must therefore ensure that the decision-making responsibilities rest solely with themselves. Situations can arise however where the Deputy has no other choice than to delegate their powers to another person. For instance, through unforeseen circumstances or specific tasks which the court would not have anticipated the deputy to attend to originally. These situations grant the Deputy limited power to delegate accordingly, but they would still be held responsible for any action or decision taken and therefore liable for any faults made.
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