MoJ consults on appointing more non-lawyer deputies

Deputies who act for people who lack mental capacity need not be drawn from among lawyers, the Ministry of Justice has said.

It has launched a consultation, running until 27 October, on whether care charities and other voluntary sector bodies could better meet the needs of people under the care of the Office of the Public Guardian.

Deputies are appointed by the Court of Protection when there is either a dispute over who should look after a person’s affairs, or there is no-one else available.

They need not be lawyers, but in practice almost all are, even though the work does not always require legal knowledge.

Public Guardian, Martin John, said: “Deputies play a very important role in supporting some of the most vulnerable people in our society. 

“Quite often it may be appropriate for a legally qualified deputy to be appointed. But charities and other third sector organisations potentially have a huge amount to offer in this area. They bring with them a unique perspective based on many years working closely with users and a deep understanding of the issues that they face.”

He is seeking evidence on how charities could work in this area and what support they would need from the OPG.

The call for evidence said the needs of many people concerned were straightforward and do not need the skills to manage complex financial portfolios or litigation from a deputy.

“For example, a property and affairs deputy may just need to ensure that financial needs are identified, bills are paid, and look after day-to-day living expenses,” the consultation document said.

“Many of these people would benefit from the ‘soft’ or pastoral skills of advocates, social workers and similar, and the value for money represented by organisations run on a not-for-profit basis.”

Mark Smulian