A Court of Protection deputy can buy a personal alarm for the person they represent – and in most cases where there is a genuine safety need, doing so is clearly in the person’s best interests. Here we explain the rules and what to consider before making a purchase.
What do the rules say?
As a Court of Protection deputy, your authority to make decisions comes from your court order. Every decision you make must be in the person’s best interests, must apply a high standard of care, and must be the least restrictive option available (1).
Buying a personal alarm falls squarely within the scope of a property and financial affairs deputy. It is a financial decision – spending the person’s money on a safety device – and it serves their physical welfare directly.
Is a personal alarm in the person’s best interests?
Under the Mental Capacity Act 2005, “best interests” is not just about financial decisions. It includes the person’s physical safety, emotional wellbeing, and quality of life.
A personal alarm is very likely to be in the person’s best interests when they:
- live alone and cannot summon help independently
- have dementia and are at risk of leaving the home unsafely
- have a high fall risk due to age, illness or medication
- are not covered adequately by a council community alarm
This is a proportionate, cost-effective safety measure. The question is not whether a deputy can buy one – they clearly can – but whether the person’s specific circumstances make it the right choice.
Do you need the person’s consent?
The Mental Capacity Act requires you to support the person to make their own decisions where possible. If the person has capacity to decide whether they want a personal alarm, their views must be sought and respected.
If the person lacks capacity for this decision, you must make the decision in their best interests, taking into account:
- their past wishes and preferences
- the views of people close to them
- what they would most likely have wanted
In most cases, a reasonable person in this situation would want the ability to get help quickly. Buying a personal alarm is unlikely to conflict with the person’s known wishes unless they have explicitly expressed opposition to wearing one.
What about the council community alarm?
Many councils offer community alarms for eligible older people, and some are free or heavily subsidised. It is worth checking whether the person is entitled to one.
However, council community alarms work indoors only and have no GPS. If the person goes outdoors, a private personal alarm with GPS and automatic fall detection provides protection that the council alarm cannot match. Many deputies buy a private alarm to complement – not replace – the council community alarm.
Practical steps before buying
Before purchasing a private personal alarm as a deputy:
- Check whether the person is eligible for a council community alarm
- Assess whether the person can physically operate the alarm
- Ensure the cost is proportionate to the person’s financial circumstances
- Document your reasoning in your annual deputy report
A personal alarm a deputy can buy
Sensorem’s personal alarm costs from €21.25 per month, all included – a modest and proportionate expenditure for the safety benefit it provides. It can be triggered manually or automatically if the person falls, and calls pre-set contacts with two-way voice communication through the watch’s built-in speaker. It works outdoors and has built-in GPS positioning, so you can see the person’s location in the Sensorem app.
