Deputy Court Orders

Posted on 18 Oct 2016

As our elderly population increases, the number of Deputyship Orders or registered Powers of Attorney have also increased. Yet general awareness about these documents and how they work is greatly lacking. This often creates obstacles when the Deputy or Attorney is dealing with health and welfare professionals, as well as banks, pension providers, utility companies and any number of other organisations on behalf of the incapacitated person. Anything, however small which can make the task of the Deputy or Attorney run more smoothly is therefore to be welcomed.

The Office of the Public Guardian have recently published samples of Deputy Court Orders, Lasting Powers of Attorney and Enduring Powers of Attorney. These can be accessed on the gov.uk website where a PDF of each type of document can be found, together with a short explanation.

It is surprising that what does or does not constitute a valid Deputy Court Order has not previously been explained in the public domain. The need for this information now has perhaps arisen due to the number of banks and other financial institutions who lack understanding or efficient processes in dealing with Deputyship Orders.

Now, when a Deputy or Attorney is trying to exercise their responsibilities and are challenged as to the authenticity of the documents which gives them their authority, they can point the challenger in the direction of the government website to check this out for themselves.

The website also helpfully refers to The Office of the Public Guardian register. Anyone can search the register free of charge with an application either by post or email.

By Siân Thompson – Solicitor specialising in matters of Probate Law such as Wills, Trusts & Estates. She is a court-appointed Deputy for clients under the Court of Protection and also acts as a professional trustee and attorney, as well as being STEP qualified and a full member of Solicitors for the Elderly.