In my role as a solicitor for the OPG, I have had first-hand experience in representing the Public Guardian within applications made to the Court of Protection. These included the removal of an attorney or deputy who had acted outside the scope of their authority, or not in the vulnerable adults’ best interests.
The decision surrounding each application I was involved with was not taken lightly as the removal of a deputy or attorney resulted mainly in the appointment of a panel deputy, causing additional costs for the vulnerable adult and a stranger making decisions on their behalf.
I now work with many deputies who are experiencing the involvement of the OPG and struggle to feel that they are getting the support they need from a supervision team that their vulnerable adult is paying for. Supervision of a deputy is £320.00 per year (subject to some remission and exemption criteria), yet I commonly hear of the lack of support and the feeling of being criticised and not listened to.
Comment on the OPG Performance Report for 2019-2020
As I read the OPG Performance Report for 2019-2020 and within the brief summary surrounding the Investigations and Supervision, I can’t help but feel the pressure on targets being unachieved and whether this in itself has overshadowed the best interest decision making process that should be paramount.
In 2019-2020, the deputyship case load ended on 60,793 appointments compared to 59,408 in 2018-2019. More importantly, that is 60,793 vulnerable adults needing the appointment of a deputy to make best interest decisions surrounding their property and financial affairs.
Each best interest decision made by a deputy is tailored around that vulnerable person’s circumstances, feelings and wishes, which is a significant amount of outcomes over 60,793 individuals.
As part of a professional deputy team, I take the time to get to know each vulnerable adult and their families to ensure we are supporting them to make financial decisions and the mental capacity to make or to enable us to make the best interests decision for them.
The full OPG Performance Report for 2019-2020 can be found here.
How can Nelsons help?
Gemma Hopper is an Associate in our expert Court of Protection team.
If you are a deputy or attorney and find yourself struggling with the requests made by the OPG our team can provide you with advice or support. This can range from assistance with your OPG Report to providing clarity over your role and authority as an attorney or deputy.
Please call us on 0800 024 1976 or contact us via our online enquiry form.