Changes announced by the Office of the Public Guardian

By law, if an individual has not previously nominated a person to look after their affairs and estates in the event they lose capacity, then a deputy will be selected by the CoP to fulfil that role.

The Office of the Public Guardian recently conducted a review of the current system and has drawn up a number of possible changes to the existing arrangements.

Among them would be tighter supervision of deputies, designed to make sure that they are acting responsibly and in the best interests of the person who has lost capacity.

New requirements would include having to complete an annual plan and make an inventory of the assets under their control.

While the Office of the Public Guardian has said the changes will usher in a “fundamentally new” system, the proposals have been controversial in some quarters. Some have said the tighter controls will put extra pressure on deputies – many of whom are family members.

At Royds, our experienced solicitors can advise deputies on their rights and duties throughout the period they act, including insurance, preparation of accounts, supervision by the Office of the Public Guardian and the proper management of financial affairs.

For more information on our Private Client services please visit or contact Tony Millson or Deanna Hurst.