A Court of Protection deputy is not only responsible for managing finances – the role also carries a duty of care for the person’s wellbeing and safety. In the UK, this flows from the Mental Capacity Act 2005 and the principle that every decision must be in the person’s best interests.
More than money and paperwork
Many people think of deputyship as an administrative role – paying bills, managing accounts, dealing with benefits. But the duty of care goes further, particularly for personal welfare deputies, and even property and financial affairs deputies have responsibilities that touch on the person’s safety.
Under the Mental Capacity Act 2005, a deputy must (1):
- act in the person’s best interests at all times
- take into account the person’s past and present wishes
- choose the least restrictive option available
- apply a high standard of care – including taking advice from professionals when needed
What does ‘best interests’ mean for safety?
When assessing best interests, a deputy must consider the person’s physical and emotional wellbeing – not only their finances. This means taking practical steps to reduce risk, particularly when the person:
- lives alone and cannot summon help in an emergency
- has dementia and may leave the home unsafely
- has a high fall risk due to age, illness or medication
- is isolated and not regularly visited by carers or family
Identifying these risks and acting on them is part of the deputy’s duty of care.
Who is legally responsible if something goes wrong?
A deputy is not automatically liable for every accident that happens to the person they represent. However, a deputy who is aware of a known risk and fails to take reasonable steps to address it may face scrutiny from the Office of the Public Guardian (OPG) or, in serious cases, the Court of Protection.
The OPG expects deputies to (1):
- make decisions that protect the person’s welfare
- seek professional advice when facing complex welfare decisions
- document the reasoning behind significant choices
- report concerns about the person’s care in their annual deputy report
Practical steps deputies take to ensure safety
Some of the most common steps responsible deputies take to protect the person’s safety:
- Checking whether the local council offers a community alarm and applying if eligible
- Purchasing a private personal alarm with GPS and automatic fall detection for outdoor use
- Ensuring the GP is aware of the person’s living situation and risk factors
- Establishing regular contact and welfare checks
- Arranging a home safety assessment to identify fall and fire risks
- Reviewing care arrangements if they are no longer meeting the person’s needs
The personal alarm as a best-interests decision
Purchasing a private personal alarm is one of the clearest examples of a property and financial affairs deputy acting in the person’s best interests. It is a proportionate, cost-effective measure that directly reduces the risk of harm. A private personal alarm with GPS and automatic fall detection costs from €21.25 per month – a modest sum compared to the consequences of an undetected fall or medical emergency.
Council community alarms work indoors only and have no GPS. A Sensorem alarm works outdoors, detects falls automatically and calls designated contacts directly with two-way voice communication.
