Deputy Services
The Mental Capacity Act 2005 came into force on 1 October 2007. The Act, covering England & Wales, provides a statutory framework for people who lack capacity (within the meaning of Section 3 (1) of Part 1 of the Act) to make decisions for themselves. The Act creates a new Court of Protection and the Office of the Public Guardian (OPG) which replaces the Public Guardianship Office.
The new Court of Protection has powers to make declarations, decisions or orders on welfare matters in addition to financial matters. The Court has powers to appoint financial or welfare deputies. With effect from 1 October 2007 all existing receivers including the Official Solicitor became financial deputies. This means the Official Solicitor has the authority to make decisions about property and affairs on behalf of a person who lacks capacity but he (like all professional deputies) must follow the Code of Practice. The Official Solicitor may be asked to act as a financial deputy by the Court of Protection if there is no one suitable or willing to act.
The OPG has a regulatory rather than decision making role in respect of the deputies. The OPG will continue to supervise the work of the Official Solicitor as a financial deputy but the level of supervision will be determined by the OPG following a risk assessment.
Further information about the role of deputies can be found in the OPG's website.
or contact the Deputy Services team on 020 7911 7049
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