Our earlier blog looks at what is expected of someone acting as a deputy. However, when someone is appointed as a deputy, you may feel they are not acting appropriately and have concerns. These concerns should be reported for further investigation. If it is found that a deputy is unsuitable, the Court has the power to remove the deputy and make an alternative appointment.
Your concerns about a deputy may include the misuse of money or decisions being made in respect of the Protected Party that are not in their best interests.
What should I do if I have concerns about a deputy?
These concerns can be reported to the Office of the Public Guardian (OPG) by either using the standardised form OPG130 or by contacting the OPG by post, email, or telephone.
You can contact the OPG if you are concerned about a registered lasting power of attorney, a registered enduring power of attorney, or a deputy appointed by the Court of Protection.
When reporting a deputy, it is helpful to provide the OPG with the following information:
- the details of donor or client (full name, address, and date of birth);
- the date you first noticed the concern;
- evidence to support the concern (financial records);
- information you have about the client or donor’s mental capacity; and
- your contact details.
You do not need to provide all of the details set out above when reporting a concern however, this information will assist the OPG in their review and investigation if required.
When the OPG receives a report, they will first consider if it has the legal authority to investigate further.
If the OPG decides that the report should be investigated further, they will take the steps to do so. Their investigation may include contacting the deputy and requesting that they provide documentation for review and they may also ask a series of questions in relation to the concerns raised.
Comment
At Nelsons, we can assist you in making a report to the OPG and guide you through the process. We are also able to assist you if you have been contacted by the OPG and an investigation has been opened. We can further assist in responding to the OPG and advise you on your position as a deputy during the investigation.
How can we help?
Faye Henderson is a Trainee Solicitor at Nelsons.
For further information on navigating your small claim, advise you on the options available, and assist you in settling your dispute to bring it to an end, please contact a member of our Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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