Duties of A Court of Protection Deputy: Finding Balance Between Best Interests and Client’s Wishes

Being a professional deputy is both rewarding and a significant responsibility. Deputies play the role the of the ultimate decision-maker for those who lack the mental capacity to make certain choices for themselves. The core principle underpinning all decisions are made on a client’s behalf are to ensure that every decision is in the best interest of the client.

What Does Acting in the Best Interests Mean?

The Mental Capacity Act 2005 (MCA) is the central legislation at the heart of our work as professional deputies however; it does not define what acting in a client’s best interest actually entails. The MCA does contain a checklist of factors that ought to be considered and this in turn is supported by an extensive history of case law.

The established decision-making process includes acknowledging what that client would have done but for the incident that caused them to lack capacity. However, acting in a client’s best interest involves more than that. It will involve making objective decisions that will ultimately enhance our client’s welfare, rehabilitation and wellbeing. A deputy should use both of these concepts together, as it would be impossible to act in a client’s best interest without asking “what would the client have done in this situation?“.

Taking Account of the Client’s Wishes

While acting in the best interests of a client, the MCA requires deputies to consider the client’s past and present wishes, feelings, beliefs, and values.

This can involve:

• Reflecting on any statements, preferences, or decisions the client made when they had capacity.
• Consulting with friends, family, and those who know the client well.
• Reviewing any written statements, advance decisions, or documented wishes.
• Attempting to regularly communicate with the client using accessible methods, even if their capacity is limited.

This will allow us to act in the least restrictive way possible and allowing the client to play a part in the decisions that are made on their behalf.

In practice

There are times when a client’s stated wishes might not appear to be in their best interests for example, if a client wants to spend money on something that could jeopardise their long-term wellbeing. In these situations, the deputy must weigh up the risks, benefits and the importance of respecting the client’s wishes in so far as possible.

Some excellent recent examples of cases where we have successfully married acting in a client’s best interest and their wishes include: –

1. A case where prior to an incident, a minor was heavily involved in equestrianism. We have supported their wishes and are now investing their lifelong love of this sport and their dreams to become a Paralympian in this discipline.
2. A case where we act for a devout Muslim. Through the process of holding and investing their settlement funds, they have naturally accumulated interest. We were informed that this is contrary to her faith. As such we have sourced for them a Sharia Law compliant investment portfolio that is in line with their faith.
3. A case in which we are supporting a client’s love of the outdoors. They are now being supplemented with an additional allowance proportional to how many hours they volunteer at an outdoor activity facility. This has allowed the client to apply their skills and develop a sense of responsibility in a setting they enjoy.

Conclusion

Acting as a professional deputy is a delicate balancing act between safeguarding the best interests of the client whilst respecting their personal wishes. In a conflict a deputy will have an ultimate decision. However, by regularly listening to the client, those close to them and following the principles set out in the MCA we can develop a professional relationship based in empathy and autonomy.

Being appointed as a professional deputy is a significant responsibility, requiring careful management of an individual’s finances to ensure their financial security. Our experienced Mental Capacity & Deputyship team provides expert guidance and support in handling all aspects of deputyship for finances. If you or your loved one needs assistance with managing finances through a professional deputy, contact us today on 0330 822 3451 or request a callback.