Remuneration for being a Deputy

Discussion in 'Legal and financial issues' started by tyreke5994, Jan 13, 2020 at 4:55 PM.

  1. tyreke5994

    tyreke5994 New member

    Monday
    4
    Good afternoon everybody,

    My mother is in the process of applying to be a property and affairs deputy for my father who no longer has capacity to conduct his financial affairs. Would she be eligible for some kind of remuneration for being the deputy?

    She is 60 years old and works full time, so it is difficult for her to find the time to complete all the forms in addition to visiting her husband (who is now in a care home); she is contemplating reducing her hours at work and making up those lost wages by asking the Court of Protection for a monthly remuneration which would be taken from her husband's estate.

    I think a strong argument can be made that it is in my father's best interest that my mother reduce her working hours so she can spend more time visiting him (if he isn't visited daily he can become very unhappy), but such regular visits are simply impossible whilst my mother is working full time.

    I am aware that 'professional' deputies can receive remuneration which seems to be limited to about £1200/ year.

    Thanks for any help that anyone may be able to offer
     
  2. Splashing About

    Splashing About Registered User

    Oct 20, 2019
    348
    The answer is no sorry https://www.alzheimers.org.uk/get-s...ntia-frequently-asked-questions#content-start

    When acting as a deputy, can I claim for any out-of-pocket expenses?

    You can only claim for certain expenses when they are for the purposes of performing your role as a deputy – for example, postage costs, car parking tickets and travel expenses incurred through carrying out your duties. You cannot charge for travel costs for a general family visit.

    Non-professional deputies, such as relatives or friends, cannot charge for their time.
     
  3. tyreke5994

    tyreke5994 New member

    Monday
    4

    Thanks very much for the quick reply. I wonder if 'expenses' is a different category to 'remuneration'. I did see on a particular form (it wasn't the COP1 guidance form, but something similar I believe) that mentioned that deputies can receive remuneration for their services. I wish I could remember where I saw it now!
     
  4. Splashing About

    Splashing About Registered User

    Oct 20, 2019
    348
    Professional deputies can. Family members cant
     
  5. Splashing About

    Splashing About Registered User

    Oct 20, 2019
    348
    You could phone 0300 456 4600 the Court of Protection and ask them for clarification
     
  6. tyreke5994

    tyreke5994 New member

    Monday
    4
    Found it!

    On Page 12 of the Mental Capacity Act 2005, Chapter 9, it states that;

    '(7) The deputy is entitled—
    (a) to be reimbursed out of P’s property for his reasonable expenses in discharging his functions, and
    (b) if the court so directs when appointing him, to remuneration out of P’s property for discharging them.'

    The wording of this section seems to suggest that the 'expenses' and 'remuneration' are viewed as two distinct categories, and it also seems to state that a deputy can receive remuneration for discharging their duties, with no discrimation between 'professional' and 'non-professional'.
     
  7. Splashing About

    Splashing About Registered User

    Oct 20, 2019
    348
    I think the key wording is ”if the court so directs”

    Ring the COP and check
     
  8. tyreke5994

    tyreke5994 New member

    Monday
    4
    Thanks for the advice, I intend to ring them tomorrow and I will try to remember to report back my findings, hopefully it will help others in a similar situation.
     
  9. theunknown

    theunknown Registered User

    Apr 17, 2015
    379
    As a person's court appointed deputy you're not supposed to be out of pocket by carrying out that role. If you pay out yourself for expenses which are directly related to the person you have deputyship for you can get that back from the bank account(s) you have access to in that role. Annually you'd complete a report for the court that needs to justify every penny of that. After being granted deputyship there's not a lot of form-filling involved, usually just the annual report. What you do need to do is keep all the records, etc you have of incomings and outgoings in relation to the person's finances. This is to complete the report and also to have them to hand if (as they can do) the court decides they need to have sight of them.

    Renumeration is a whole different thing. Some people don't have a family member, etc, available or willing to take on the role of a deputy, so court-ordered deputies are appointed. Like solicitors, they will be paid (out of the person who's subject to deputyship's finances) to take on this role. In this case you're paying for a professional to take on the role. I stopped being a deputy last November, but I certainly wouldn't like the idea of somebody getting a monthly fee for doing this. People aren't paid to carry out Power of Attornies and those who have deputyship granted over them are so much more vulnerable, in that the only way you can go down the deputyship route is that the person you have responsibility for has already lost the capacity to give permission for anything.
     
  10. nitram

    nitram Registered User

    Apr 6, 2011
    19,494
    Male
    North Manchester
  11. northumbrian_k

    northumbrian_k Registered User

    Mar 2, 2017
    896
    Male
    Newcastle
    I am sorry @tyreke5994 but this doesn't sound right to me. I doubt very much that a strong case could be made for remuneration as some sort of compensation for reduced working hours to enable visiting or to act as Deputy. I gave up work completely to look after my wife at home and now to visit her in residential care. I also act as her Attorney and DoLS representative. I never considered that I should receive financial reward for any of this, least of all from her estate which currently is used to pay for her care.
     
  12. Splashing About

    Splashing About Registered User

    Oct 20, 2019
    348
    I would personally like to see the role of caring remunerated however it is fraught with issues not least the fact that at least it’s done out of love currently rather than because it’s a financial benefit. If people were paid there would be an expectation of training, standards and monitoring.

    For me it would be far better if we could award carers leave which was paid (on a level par with maternity leave) and had far better respite options that actually realistically offered that respite.
     

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