The Deputyship Team is involved when a person is suffering from a mental disorder and does not have the capacity to manage their own financial affairs. The Isle of Wight Council only is involved when all other options have been considered regarding relatives and next of kin making an application to be Deputy. Therefore, the Isle of Wight Council only acts as Deputy as a last resort.
When appropriate, a Social Worker will make a referral to the Deputyship Team for someone who is unable to manage their finances due to lack of capacity. A Deputyship Officer in the Team will then apply to the Court of Protection for the appointment of a Deputy. If permission is granted by the Court of Protection then the Deputyship Team Manager will be appointed as Deputy and will receive an Order to act on that person’s behalf.
The main aim of the Deputyship Team would be to act in the best interests of the person at all times and provide efficient management of their financial and legal affairs. Each case referred is different and so are the individual’s needs and capacity. The vulnerability of the person and their needs are the foremost considerations when working in the Deputyship Team. The Team carries out in duties under legislation provided by the Courts and the Orders they grant.
A Court of Protection application can only be made for someone who is deemed as lacking capacity by a medical professional to manage their finances. The Assessor will undertake an assessment within guidelines set under the Mental Capacity Act 2007 to ensure they lack capacity specific to finances.
For more information about deputies please see the Government's website.