An individual (“P”) may lack mental capacity for a number of reasons, such as they’ve had a serious brain injury or illness, they have dementia, or they have severe learning difficulties. In these situations, the Court of Protection may appoint a deputy to manage matters on P’s behalf. This article explores some basic initial considerations when choosing whether to appoint a lay or a professional deputy. Lay Deputy A lay deputy is usually a family member or friend who knows P well and who is in a position to act in their best interests. Benefits of a lay deputy Familiarity and understanding – By virtue of their connection with P, lay deputies often have a more in-depth understanding of P’s preferences and values which may lead to more personalised decision-making. Emotional support - Lay deputies can provide a greater level of emotional support alongside their management of P’s financial matters, which can be reassuring for P. Cost-effective – Lay deputies do not charge for their services/support. However, the following should be noted with a lay deputy: Lack of expertise and time management – Depending on their own circumstances and experience, lay deputies may lack the necessary knowledge and skills to deal with some legal or financial situations that may need to be addressed. They may also not have sufficient time available to dedicate to the deputyship, potentially leading to poor/rushed decision-making on P’s behalf. Emotional bias and potential for family conflict – Lay deputies may face emotional conflicts and there may be family tensions or disagreements, all of which could impact upon their ability to act objectively in P’s best interests. They may find themselves in a position in which acting in P’s best interests could put them at odds with their wider family, which could cause a great deal of stress for both P and the deputy. Professional Deputy A professional deputy is usually a qualified solicitor who is instructed by P’s family to apply for professional deputyship for P. Benefits of a professional deputy Subject to regulations – All deputies are subject to oversight from the Office of the Public Guardian, but professional deputies are subject to more detailed reporting requirements, as well as also being subject to regulation by their own professional body (for solicitors this is the Solicitors Regulation Authority), which provides an added layer of security and accountability when managing P’s property and affairs. Expertise and time - Professional deputies bring their specialist expertise in managing financial matters, and can dedicate as much time as needed, which is invaluable when considering the scope of work and decisions that can be required, particularly when dealing with complex financial circumstances. Impartial - Professional deputies are able to act impartially which ensures decisions are made solely in P’s best interests. Due to the professional nature of their relationship with P and their family, it is easier for them to be objective when considering competing proposals or requests. However, the following should be noted with a professional deputy: Costs - Professional deputies charge professional fees. If P’s financial resources are limited, it is unlikely to be reasonable or cost-effective for a professional deputy to be appointed. If P’s only assets are state benefits, consider whether an Appointeeship may be more appropriate for management of P’s funds. Potential for conflict – Although professional deputies act in P’s best interests, they may make decisions that conflict with P’s family expectations. It is important for those who are caring for P to meet with potential professional deputies before instructing them, so as to ensure that the deputy chosen is somebody with whom the family feel able to work cooperatively. Summary The circumstances surrounding the need for the appointment of a deputy vary for each individual. Making the choice between a lay or a professional deputy involves careful consideration of P’s circumstances and needs. Although there are benefits, and potentially disadvantages, on both sides, it is of utmost importance that P’s family consider both options, taking all relevant factors into account, and choose the option that going forward will be in P’s best interests. If you are unsure whether a lay or professional deputyship would be more appropriate for your loved one’s financial circumstances, please get in touch with our Court of Protection team, who can advise on this and all other queries regarding appointment of a deputy.