Sara Parascandolo
Solicitor
Phone: 0113 200 7480
Email: Info@averywalters.com
Our Private Client Specialist’s Guide to Court of Protection Accounts & Deputy Reporting
We provide a free initial no obligation consultation to discuss your deputyship report & accounts. At this meeting we can discuss the process, likely costs and timescales.
When appointed as a Deputy, you will be required to send an annual report to the OPG each year explaining what decisions you have made and provide accounts setting out all income and expenditure of the person in question.
Accounts
As a property and affairs deputy, you must keep copies of all bank statements, contracts for services/trades, receipts and letters or emails about your activity.
Gifts
Generally, you cannot undertake gifting for the individual other than reasonable and usual gifting that the person undertook when they had mental capacity. For large gifts which may impact on the value of the estate or could reduce the level of care the person receives, you must obtain court approval.
Your court order will say if you can buy gifts or give gifts of money on behalf of the other person, including donations to charities. It will also say if there’s an annual limit on how much money you can use for gifts.
Expenses
You can claim expenses back for things you must do to carry out your role as a Deputy to include phone calls, postage and mileage/travel costs.
However, you cannot claim travel costs for social visits or time spent.
You may be asked to give a detailed report of what you have spent. You’ll have to pay the money back if the Office of the Public Guardian finds your expenses are unreasonable. They may ask the Court of Protection to stop you being a deputy if they think you’ve been dishonest.
Completing your Deputy Report
You must write a report each year explaining the decisions you’ve made as a deputy. You might be asked to do this more often if the Office of the Public Guardian (OPG) needs additional information. This allows the OPG to monitor your actions, ensuring you are working in your loved one’s best interests. The report is via a court form provided by the OPG.
Your report must include the reasons for your decisions and why they were in the best interests of the person you’re deputy for, who you spoke to and why what they said was in the person’s best interests and the finances of the person.
The OPG will tell you when it’s time to send the report and if you do not send it, the OPG might increase your level of supervision or even ask the court to replace you with a different deputy.
This can be a difficult task, as there is a lot of paperwork to complete and evidence to provide. It is also important to note that when drafting these accounts, you need to ensure that all of the accounts balance to the penny.
We understand that this process can be daunting, especially at a time when you are trying to look after a vulnerable or elderly person. We can advise you throughout the matter, without using legal jargon to ensure you understand everything.
We can assist you with this on an annual basis if required. All you need to do is keep a record of all financial statements and receipts.
Contact us on 01423 564551 or email us on info@powell-eddison.co.uk to arrange your free initial, no obligation consultation with a specialist.
