What is a Professional Deputy?

In England and Wales, a professional deputy is an individual appointed by the Court of Protection to make decisions for someone who lacks the mental capacity to manage their own affairs, in accordance with the Mental Capacity Act 2005. A professional deputy is typically a qualified individual such as a solicitor, accountant, or another professional with experience in legal, financial, and welfare matters. Their role is to manage the affairs of the individual in a manner that prioritises their best interests — overseeing financial matters, managing property, making decisions related to healthcare, and ensuring the individual's accommodation and welfare needs are met.

The Court of Protection oversees the actions of professional deputies to ensure they are making appropriate decisions. Deputies are required to submit regular, detailed reports to the court demonstrating that the decisions they have made are in the best interests of the individual and in accordance with the law.

A professional deputy is typically appointed when there is no suitable family member or friend available to take on the responsibility, or when the individual has not granted Lasting Power of Attorney (LPA). The role carries high responsibility, and deputies are held to strict standards by the Court.

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Our Services

Service 1: Welfare Visits and Care Reviews for Professional Deputy Clients

As a professional deputy, it is important to be well-versed in the standards set by the Office of the Public Guardian (OPG). These standards are essential in guiding professional deputies, ensuring they act in a way that protects the best interests of individuals who lack mental capacity.

The five main standards are:

  • Standard 1: Secure the client's finances and assets
  • Standard 2: Gain insight into the client to make decisions in their best interests
  • Standard 3: Maintain effective internal office processes and organisation
  • Standard 4: Have the skills and knowledge to carry out the duties of a deputy
  • Standard 5: Health and welfare standards (specific to deputies who hold a personal welfare court order, or both a personal welfare and property and affairs court order)

A professional deputy's role is comprehensive and extends to managing both the financial affairs and the overall welfare of the person they are appointed to support. As an independent Social Work company, we can be instructed to support you in various areas, offering professional assistance in assessing and reporting on care and welfare needs.
Service 2: Care Assessments and Reviews

For clients living in care homes or receiving care at home, a professional deputy may not always have the means or the expertise to carry out a full review of their care arrangements. In these cases, we can be instructed to conduct a care review — an evaluation of the current care arrangements to ensure that the person is receiving appropriate care and that the costs associated with their care are fair. We offer a cost-effective care review service for a fixed fee.

When a person pays for their own care or when a deputy handles the financial arrangements on their behalf, there is often a lack of oversight or regular reviews of the care plan. We can assist by ensuring that appropriate care assessments are carried out and care plans are developed and regularly reviewed. We can also write care plans and ensure that those providing care are fully aware of the person's needs and how they should be met.
Service 3: Mental Capacity

In the role of a professional deputy, it is your responsibility to act in the best interests of the individual, especially when they lack the mental capacity to make decisions about specific matters. This can include decisions regarding care, financial management, accommodation, or issues relating to deprivation of liberty. We can be instructed to assess mental capacity for any decision and assist in making determinations about what is in the person's best interests. Additionally, if you are considering a statutory will, we can be instructed to assess the person's testamentary capacity.
Service 4: Deprivation of Liberty

Our team includes qualified Best Interests Assessors who are able to support deputies in cases involving Deprivation of Liberty Safeguards (DoLS), which apply to individuals living in care homes, nursing homes, and hospitals. We can also assist those who are living outside of these types of accommodation but are still subject to a deprivation of liberty order. If you suspect that an arrangement may be depriving someone of their liberty, we can review the situation and offer an opinion on whether the criteria for deprivation of liberty are met.
Service 5: Continuing Healthcare (CHC) and Section 117 of the Mental Health Act 1983 (MHA)

Our expertise extends to funding matters that may not be provided by the local authority or the person themselves, including Continuing Healthcare (CHC) funding and funding under section 117 of the Mental Health Act (MHA). We are familiar with common errors made in the process of CHC assessments, including mistakes in the completion of CHC checklists and Decision Support Tools. CHC funding is significant because it is not means-tested and the cost of care covered can often exceed £2,000 per week. We can be instructed to review CHC checklists and Decision Support Tools to ensure that the correct conclusions are reached and that your clients are not overcharged for their care.

Services for Professional Deputies

Specialist Social Work Support to Strengthen You as a Professional Deputy and Family Appointed Deputies

As a professional deputy, meeting the standards set by the Office of the Public Guardian (OPG) is essential to delivering a safe, compliant, and high‑quality service. These standards protect individuals who lack mental capacity and support deputies in making informed, defensible decisions in their clients' best interests.

At Simply Social Work, we provide specialist assessment and reporting services aligned with these expectations, helping you fulfil your duties with confidence and efficiency.

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