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 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, particularly when they lack the mental capacity to make decisions about specific matters. This may include decisions relating to care, financial management, accommodation, or issues surrounding deprivation of liberty.

We can be instructed to assess mental capacity for specific decisions and support determinations about what is in the person’s best interests. Additionally, if you are considering a statutory will, we can assess the individual’s testamentary capacity.

Services For Professional 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.
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.
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