Court of protection appointed deputies under the Mental Capacity Act 2005

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Court of protection appointed deputies under the Mental Capacity Act 2005

For people who lack capacity


The Client Affairs Team submits applications to the Court of Protection on behalf of the Director of Community Services, London Borough of Hammersmith and Fulham to be appointed as a deputy to manage the property and affairs of people who lack capacity to make certain decisions for themselves.

The local authority will be requested to submit deputy applications to the Court of Protection by the allocated social worker once it has been established that there is no one else ‘willing or suitable’ to submit an application to act on behalf of the person.

The role of the deputy is very carefully monitored by the Office of the Public Guardian who has to ensure that the deputy is always acting in the best financial interests of the patient.

When making day to day decisions, deputies must have regard to

• the code of practice which supports the Act and
• provide guidance for those working with and/or caring for adults who lack capacity, including family members, professionals and carers.

The Client Affairs Team has to ensure that

• all benefit entitlements are being received
• monies are invested to ensure that a competitive rate of interest is realised
• all expenditure is correctly chargeable
• monies is always readily available for personal needs allowance for the patient or resident 
• Inland Revenue Tax Returns are presented on time
• deputy annual accounts to the Court of Protection are completed in time.

Contacts:-

Client affairs team
145 – 155 King Street, Hammersmith, London W6 9XY
Tel: 020 8753 5042
email: paul.joyce@lbhf.gov.uk

Page last updated: 27/08/2009