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Deputyships
What is a Deputy and what do they do?
- A Deputy acts to discharge legal obligations placed on them by the Mental Capacity Act 2005 (MCA) and acts in accordance with the Court of Protection Rules 2017 and the Deputy Standards for Public Authority Deputies published by the Office of the Public Guardian (OPG).
- Pembrokeshire County Council (PCC) will apply to the Court of Protection (COP) to act as a person’s Deputy for property and affairs in order to manage their finances if the person meets PCC criteria for this service.
Eligibility for a Deputy
PCC Social Services will apply to the COP to act as Deputy for service users who have:
- Had a Mental Capacity Act Assessment and best interests meeting that determine a deputyship is necessary to meet the individual’s assessed needs.
- Sufficient existing finances to cover the cost of applying for a deputyship plus £2,000.00 or sufficient funds to cover the cost of the service. Finances will include but may not be limited to: savings, pensions and all sources of income or assets including property and valuables.
- No other suitable person, such as a relative or close friend, who is willing to act in this capacity.
How will assets and finances will be managed by a Deputy?
- If the service user has a property the Deputy will make arrangements, until an order to sell from COP, to visit bi-monthly or at the frequency stipulated by the insurance policy to ensure it is maintained to a good standard.
- Arrangements will be made for building and contents insurance where possible.
- Arrangements will be made for property maintenance such as, but not limited to: gardening and boiler maintenance.
- For the contents of a property, some items may be stored securely and/or some items may be sent to the residential home. A property will be cleared through a commissioned house clearance company and items/valuables will be sold at auction.
- Once an order to sell is made by COP, the property will be sold at market value with at least three valuations and the funds will be invested.
- All deputyship requests with properties which are leased or rented will be referred to panel solicitors.
- Ensure that debts are settled.
Motability
The Deputy will be responsible for any vehicle issued via the Motability Scheme as this is linked to Mobility component of specific benefits. However, the appropriateness of continued access to or need for a Motability vehicle will need to be determined by the Adult Care Management Team as a best interest decision and reviewed annually.
Charges for a Deputyship
The service user will be charged in accordance with the OPG guidelines.
The council will pay for the up front court application fee and will invoice the service user.
If there is a suitable person but they are unable to fund the upfront court costs relating to the application, then PCC may do this on their behalf. The service user will be invoiced for the costs which can be paid by the Deputy using their funds once an order has been made.
Contact details
Pembrokeshire County Council Contact Centre - 01437 764551
Deputyship and Appointeeship Team - 01437 775618