Choosing the right deputyship can be a crucial step in ensuring that your loved one’s needs are met.
At Slater Heelis, our Court of Protection team often guides families through the deputyship process, a role appointed by the Court to make important decisions for those who lack the capacity to do so themselves.
Understanding the differences between a financial management deputyship and a health & welfare deputyship can be key to ensuring the correct support is in place.
Understanding Deputyships
Deputyships are established under the Mental Capacity Act 2005, which ensures that individuals who cannot make certain decisions independently are provided for in the best possible way.
There are two primary types of deputyships:
- Financial Management Deputyship
- Health & Welfare Deputyship
Each type covers distinct responsibilities, but they often work hand-in-hand to safeguard the well-being and quality of life of the person in need.
Financial Management Deputyship
As the name suggests, a financial management deputyship grants authority over the financial affairs of an individual who is unable to manage their own finances. This role is vital in ensuring that the person’s financial interests are protected and their assets are used in a way that benefits them.
When you become a financial deputy, your responsibilities may include:
- Paying bills, managing bank accounts, and handling day-to-day expenses.
- Budgeting to cover costs related to health care, housing, and other essential needs.
- Safeguarding assets and making investments, where appropriate, to preserve or increase value.
- Completing annual reports for the Office of the Public Guardian (OPG) to demonstrate how funds are managed.
- Ensuring that assets, savings, or properties are used in a way that maintains or improves the individual’s quality of life.
Financial deputies have a legal responsibility to act in the person’s best interests and must make decisions that prioritise their long-term well-being.
For some families, managing a loved one’s finances may feel like a daunting responsibility, but we’re here to provide support, answer questions, and offer guidance every step of the way.
Is a Financial Management Deputyship Right for You?
Financial management deputyship is most suitable if your loved one has significant assets, income, or ongoing financial commitments that require careful handling.
Whether it’s to oversee property, pay for personal care, or manage monthly expenses, a financial deputyship can be an essential form of support for those who can no longer manage these responsibilities alone.
If the individual only requires help with managing their finances, a financial management deputyship may be all that’s needed. However, if they require decisions relating to health and personal welfare, a health and welfare deputyship might also be necessary.
Health & Welfare Deputyship
A health and welfare deputyship provides the authority to make personal decisions on behalf of the individual, specifically concerning their care and general well-being.
Health and welfare deputyship covers decisions such as:
- Where the individual will live, whether in a care home, with family, or in assisted living.
- Decisions related to health care, including routine medical care, therapy, and treatments.
- Arranging for services that support the person’s well-being, such as community activities or rehabilitative care.
- In cases of serious illness or advanced medical needs, working with healthcare professionals to agree on appropriate treatment.
It’s important to understand that, unlike financial management deputyships, health and welfare deputyships are often only activated when a specific decision needs to be made, rather than operating continuously.
Is a Health & Welfare Deputyship Right for You?
A health and welfare deputyship may be suitable if your loved one requires consistent care and needs support with health and well-being decisions.
This type of deputyship is generally appropriate when the individual has complex health needs or when there may be differing views on what is in their best interests. For example, if disagreements arise about the person’s care plan, the deputyship provides clear legal authority to ensure that decisions are made in their best interest.
At Slater Heelis, we do not undertake work on Health and Welfare Deputyships. However, we work closely with Health and Welfare Deputies and care providers to ensure your loved one is looked after in their best interest.
Choosing the Right Deputyship
Deciding which deputyship is right for you depends on the specific needs of the individual in question. Here are a few questions to consider when making this decision:
- What type of support does the individual require? If their needs are financial, a financial management deputyship might be sufficient. However, if health and welfare concerns are prominent, a health and welfare deputyship might be more appropriate.
- Are both types of decisions needed? In cases where both financial and welfare decisions are required, it is possible to apply for both types of deputyship. This can provide a comprehensive level of support to cover all aspects of the individual’s needs.
- Is there a disagreement on a certain matter? If there is potential for disagreements on specific decisions, a deputyship can help prevent conflicts by ensuring decisions are made legally, in the individual’s best interests.
How We Can Support You
Applying for a deputyship can be a complex and sometimes emotional process. Our role at Slater Heelis is to make this as straightforward and reassuring as possible, so you can focus on what matters – the well-being of your loved one.
Our team assists with every aspect of financial deputyship application, from completing the necessary forms to submitting detailed supporting information to the Court of Protection.
We understand that the role of a deputy comes with significant responsibilities. As such, we provide guidance on meeting the Court’s requirements, adhering to the standards set by the OPG, and managing your responsibilities with confidence.
We work closely with families, offering personalised advice that considers your unique circumstances.
Finding the Right Fit for Your Situation
Deputyships are a vital part of ensuring that those who cannot make their own decisions are provided for.
We only offer services for financial deputyships, but if you’re uncertain about which type of deputyship is best for your situation, we encourage you to reach out to us.
Our team is here to offer clarity and reassurance, guiding you through every step to ensure that your loved one’s needs are fully met. Get in touch by filling out our online contact form or by giving us a call on 0330 111 3131.