Deputyship
A Deputy is a person or organisation who has been appointed by the Court of Protection (COP) to manage the affairs of someone who lacks the mental capacity to do so themselves. More information about becoming a Deputy can be found using this link Deputies: make decisions for someone who lacks capacity: Apply to be a property and financial affairs deputy - GOV.UK
Although a Deputy is usually a friend or a relative, in some cases the person may not have close family members, or there may not be anyone suitable to undertake this role. If this is case, Sunderland City Council can apply to the Court of Protection for a property and affairs deputyship to manage the individuals' finances on their behalf. This includes:
- managing their income and benefits
- payment of bills, care fees, rent
- manage regular payments such as direct debits and standing orders
- oversee any investments or debts
- Make best interest decisions around spending and budgeting
- Provide the individual with a pre-paid card and weekly allowance to meet their needs
- Oversee any property or tenancies the individual may have
A property and affairs deputyship does not allow us to make decisions about care needs or where a person should live.
All decisions we make must be in accordance with the Mental Capacity Act 2005.
Sunderland City Council will apply for Deputyship following receipt of a referral to request support. Referrals are accepted from Adult Social Care only.
Charges
The council is allowed to charge set fees for acting as Deputy. This covers work such as day to day administration charges, making the application to the court, the provision of banking services, reporting to the Office of the Public Guardian (this is the government organisation that supervises the Deputyship once it has been granted by the Court of Protection).
A summary of our charges is shown below.
- Court of Protection Application Fee - £944 (one off)
- Court of Protection Annual Fee could be either £982 for the 1st year then subsequent years fees at £824 OR 3.5% of the client's assets. Fees are dependent on the supervision level allocated by the Office of the Public Guardian.
- Court of Protection Deputyship Report Fee - Annual Charge of £274
- Court of Protection Property Management Fee - Annual Charge of £380. Charged to all clients who own a property or have a tenancy to manage.
The courts document explaining what the council can charge can be found using the link below.
PRACTICE DIRECTION 19B - FIXED COSTS AND DEPUTY REMUNERATION IN THE COURT OF PROTECTION
The court also charges a one-off application fee of £421. In some cases, this can be waived if a person has low capital and is claiming certain benefits.
The Office of the Public Guardian (OPG) charge fees for supervising a Deputyship. These are:
· Annual fees vary by the level of supervision needed.
· Standard general supervision costs £320
· Minimal supervision (for property and affairs deputies managing estates under £21,000) costs £35.
· These annual fees are billed in arrears and are due on March 31st.
· When first appointed, a one-off £100 assessment fee is also required
