A Deputy is appointed by the Court of Protection to manage the finances of a person who lacks mental capacity. In many cases, the incapacitated person needs carers and this care is often provided by family members.
Family carers may struggle financially because they are no longer able to go out to work.
If they ask the Deputy for financial assistance, the Deputy must decide if it is appropriate to pay the family members for the care they provide and how much they should be paid.
If the Deputy is not a professional person, the Deputy will have to make an application to the Court of Protection for approval of any payments to themselves for the care that they provide. This is because a Deputy, like a Trustee, cannot personally benefit from their role as Deputy. They cannot decide to pay money from the Deputyship funds to themselves or people close to them, such as their spouse or children.
If the Deputy is a professional, they can decide to make payments to family members for care without needing Court approval. However, they must show that they have considered the factors listed below.
Any payments made to family members for care must be in the client’s best interests. The following factors are relevant when a Deputy is considering this issue:
Andrew Isaacs Law we have been appointed as Professional Deputy for many clients. We have a specialist team who deal with all aspects of property and affairs Deputyships. We can also provide advice and assistance for family members acting as Deputy.