Legal Compliance – All appointed Deputies have a legal obligation to comply with the guidelines and ruling from the Office of the Public Guardian and failure to do so will result in action being taken.
Legal Compliance – The purpose of the Deputyship report is to provide the Public Guardian with information about the decisions that a Deputy has made over the reporting period in their role as a Deputy.
Completing an annual Deputyship report can be required once you are appointed as a Deputy. You will be advised by the OPG if you are required to complete the necessary annual OPG returns.
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The Public Guardian may decide to look further at the decisions a Deputy has made. This process may include asking for more information, or asking a Court of Protection (COP) Visitor to visit the Deputy and/or their client. Documents, such as bank statements, may be requested by the Public Guardian under regulation 39 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007. This regulation empowers the Public Guardian to request specific information or documents he may reasonably require to verify information in reports that are being submitted to him under a Deputyship order, to properly discharge his function under the Mental Capacity Act 2005.
If a Deputy fails to submit a Deputyship report, or if there are concerns raised from it, the Public Guardian may decide to review and change the level of supervision. Alternatively, the Public Guardian may apply to the Court of Protection, to change the level of the security bond, or ultimately to discharge the said Deputy and to appoint a new Deputy in their place. In the case of a financial Deputy, if the Court finds there has been a loss to the client’s estate the Court can direct the Public Guardian to ask the insurance company who issued the security bond to make good that loss, and to seek reimbursement from the Deputy.