Since the lockdown was announced on 23r March we have all had to adapt our daily and working lives. Deputies and attorneys have also had to find new ways to carry out their duties and to make sure the person they act for is protected, cared for and have all they need.

To help work out how best to do this the OPG has recently published updated guidance on how attorneys and deputies should approach their role during the Covid-19 lockdown period. The guidance includes the following information:

  • The OPG is still open but may take longer to deal with calls and e-mails. Deputies and attorneys are advised to read the range of guidance and notes available online before contacting the OPG
  • Decisions about care and welfare can continue to be made on a best interests basis from the options that are reasonably available
  • LPAs can still be made and registered but could take longer than usual. Using the online system allows for the progress to be monitored
  • Follow guidance on social distancing and shielding but consider alternative ways to communicate such as video conferencing or using care workers to discuss an issue and report back to the deputy or attorney. Consider if a decision can be delayed
  • Deputies are still under a duty to make decisions whatever the circumstances but they may ask others to carry out those decisions for them where possible
  • OPG visitors may still get in touch via phone or e-mail
  • There is no change to the rules that money can only be used for the person it belongs to. Except in very limited circumstances a deputy or attorney cannot give or loan money to family and friends.
  • Professional deputies may be considered key workers in some circumstances

If you are a deputy or attorney and you want to do something that is outside the guidance available then Wrigleys can provide help and support. Please contact the Court of Protection team on 0114 267 5588.

You can also keep up to date by following Wrigleys Court of Protection on Twitter here.

The information in this article is necessarily of a general nature. Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors.

Originally Published 21 April, 2020

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.