The OPG have published an update to the existing Deputy Standards which are applicable to both property & financial affairs as well as health & welfare decisions. The standards have been published with immediate affect to all from February 2023.
The Standards are applicable to all individuals appointed by the Court of Protection as a ‘Deputy’ including both professionals and lay deputies as well as public authorities. The Standards outline the duties and responsibilities of all Deputies and aims to guide them through the common areas involved within the general management of a deputyship.
The core of the Standards remains the same as those previously published, being the underlying principles of the Mental Capacity Act 2005. The update aims to bring a more focused and streamlined approach to the Standards so that they are easily accessible to all.
The Standards have been streamlined to 8 core areas with tailored guidance being provided under each element including ‘core obligations’ and ‘best interests decision making.’ The Standards and all guidance within is to ensure the proper management of an individual’s affairs and that any decisions made are within that person’s best interests.
All Deputies will be assessed to ensure that they are adhering to the Standards via the submission of annual reports to the OPG. Where a lay deputy is appointed, the OPG will provide additional support to ensure that the key responsibilities are being upheld. Any severe breach of the Standards by any type of Deputy can result in an investigation and potentially an application to the Court of Protection for the removal of said Deputy.
The updated Standards can be found here: OPG Deputy Standards - GOV.UK (www.gov.uk)
If you need help with an application to the Court of Protection or have concerns about an existing Deputy, please get in touch with our Court of Protection team on 0344 326 0049 to discuss how we might be able to help.