Can My Deputy Authorise Financial Support For My Family?

The appointment of a professional deputy to manage your property and financial affairs can be a stressful and confusing time. Everyday things such as buying a property or providing for family and friends can become complicated. You may find yourself wondering:

The answer depends on your personal situation. Under the Mental Capacity Act 2005, your deputy must consider the following when making decisions on your behalf:

• The person’s past and present wishes and feelings (and, in particular, any relevant written statement made by him/her when he/she had capacity),
• The beliefs and values that would be likely to influence his/her decision if he/she had capacity; and
• The other factors that he would be likely to consider if he/she were able to do so.

Your deputy must also consult anyone engaged in caring for you or anyone named by you as someone to be consulted on the decision in question. Your deputy is also required to consider all the ‘relevant circumstances’ when making a best interests decision on your behalf – these are the circumstances which you are, or would be, aware of, and which would be reasonable to regard as relevant.

In Ross v A (2015), the Court decided that it was in the best interests of A to pay for her Brother’s private school fee’s to “promote the stability and harmony of the family, and its ability to care for A to the high standard she has received to date”. Senior Judge Lush also went further and advised that “In considering A’s best interests at a particular time, the decision-maker must take a holistic approach and consider her welfare in the widest sense, not just financial, but social and emotional.”

Factors a deputy should consider when making decisions

Below are some relevant factors that your deputy should consider when making such decisions on your behalf:

1. Is the amount you have requested affordable for your finances? This will depend on the amount of assets you have. Your deputy will also consider your annual income and expenditure, your care needs as they are now and what they may be in the future to assess whether it is affordable for you.
2. If you had capacity to make the decision yourself, would you be likely to acknowledge that your interests, needs and well-being are linked with those of your family?
3. Would refusal of the request put ‘the stability and harmony of the family, and its ability to care…’ for you at risk? In other words, would refusing the request do more harm than good?
4. Have all the relevant factors, including but not limited to: financial factors, social factors and emotional factors, been considered?