Professional deputy not seeking P's views

Law and practice Mental Capacity Act
1

P is a 20 yo with birth injury and NHS litigation history. Litigation solicitor became P&FA deputy (family unaware of other options at the time) Litigation settled 4+ years ago.

Deputy has claimed family are ‘directing’ P and will not consult with them. P lives in his own home with family as only and full time carers. P wants this to continue (history of SEND school and being pinned down by 4 adults so getting over this in own home and learning to trust)

P’s family want to change to a professional deputy closer to P’s home so P can visit the deputy (current deputy has to visit P at home, P does not want this to happen) P told OPG visitor he wants a new deputy.

Deputy refusing to stand down.

Since application for change of deputy current deputy has diverted PIP payments to P’s deputy account and only allows P £12 per week. It has been 15 weeks of £12 per week with the idea that that can only change if deputy visits P to assess his needs.

What can P and his family do?

2

Hi Marie,

Any Court Appointed Deputy must have regard to the MCA and Code of Practice (https://assets.publishing.service.gov.uk/media/5f6cc6138fa8f541f6763295/Mental-capacity-act-code-of-practice.pdf) when making decisions on behalf of a person who has been assessed as being unable to make the specific decision. This means ensuring P has the ability to participate in making decisions, and any decision made has regard to P’s past and present wishes & feelings and any factors the would take into account.

Chapter 8 describes the role of the Court appointed deputy.

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Use the form OPG 130 to raise the concern about the Deputy. That should trigger a visit to the client by a CoP Visitor plus some questions for the deputy. Anyone can use the form - the client, the family, a friend, a professional.

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Great advice so far. There are documents that set out the standards expected of deputies which you will find here OPG Deputy Standards documents - GOV.UK (www.gov.uk).

In addition to the OPG concern route Lucy mentions, you might want to consider an adult safeguarding alert with the local authority where P resides if you feel their either the financial deputy is financially exploiting or abusing P or if the manner and method of contact is causing such emotional distress as to cause trauma/abuse.

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