Property and financial affairs deputy – what does the role mean?

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A property and financial affairs deputy is appointed by the Court of Protection to manage the money, property and financial decisions of someone who lacks the mental capacity to do so themselves. The role carries significant responsibility – and includes buying assistive technology and equipment to support the person’s safety.

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What is a property and financial affairs deputy?

A property and financial affairs deputy is one of the two types of Court of Protection deputy in England and Wales. While a personal welfare deputy makes decisions about care and medical treatment, a property and financial affairs deputy manages the person’s money and assets (1).

The scope of the deputy’s authority is set out in the court order. Acting beyond that order is unlawful.

Who needs a property and financial affairs deputy?

A property and financial affairs deputy is typically needed when someone:

• has lost mental capacity due to dementia, a brain injury or serious illness
• has not previously made a Lasting Power of Attorney (LPA) for property and financial affairs
• has ongoing, complex financial affairs that need managing long-term

If the person did make an LPA before losing capacity, the attorney named in the LPA handles finances instead and no deputy is needed.

What does a property and financial affairs deputy do?

The Court of Protection order sets out exactly what the deputy can and cannot do. Typical responsibilities include:

• paying bills, rent, mortgage and household expenses
• managing bank accounts and investments
• claiming and managing benefits and pensions
• dealing with tax affairs
• managing or selling property, where the court order permits this
• buying goods, services and assistive technology that benefit the person

A deputy must always act in the person’s best interests and apply a high standard of care. Decisions must be as minimally restrictive of the person’s rights as possible.

Buying a personal alarm as deputy

One practical step many property and financial affairs deputies take is purchasing a private personal alarm for the person they represent. A personal alarm with GPS and automatic fall detection directly serves the person’s safety and welfare, and buying one falls squarely within the scope of a property and financial affairs deputyship – it is a reasonable, proportionate purchase that is clearly in the person’s best interests.

Council community alarms are often available for eligible individuals, but they work indoors only and have no GPS. A private alarm from Sensorem works outdoors, includes automatic fall detection and costs from €21.25 per month, all included.

Oversight and accountability

All property and financial affairs deputies are supervised by the Office of the Public Guardian (OPG). Each year, deputies must submit a deputy report to OPG explaining the decisions they have made, how they have managed the person’s money and whether the person’s circumstances have changed (1).

Deputies can be removed by the Court of Protection if they fail to act in the person’s best interests or mismanage finances. Acting beyond the scope of the court order, or using the person’s funds for personal benefit, can result in criminal prosecution.

The difference between a deputy and an attorney

If the person you care for still has capacity, setting up a Lasting Power of Attorney now avoids the need for a deputy later.

Sensorem’s personal alarm – a purchase a deputy can make

Being a property and financial affairs deputy means taking responsibility for the person’s financial wellbeing – including their safety. Sensorem’s personal alarm 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.