What does a Deputy for finances do?

By Ruth Meyer, 26th June 2024

I am quite often asked by people what I do in my job.  The role of Deputy for finances appointed by the Court of Protection does not really mean much to many and probably sounds a bit scary!

I’ve been a Deputy for about 11 years although I have been involved in deputyship work for the last 22 years when I was the deputy’s assistant. The great thing about that was the fact that I’ve ‘grown’ with my clients and have known them since they were very young. My move to become a Deputy was a natural one and I stepped into the shoes of the previous deputy who retired. However, I was very excited to take on the role but also felt the weight of responsibility as the buck now stopped with me!

My own background is very modest. I grew up in the 70’s in South London and went to the local comprehensive school. I am one of four children and the daughter of an immigrant. My mother is English and my father is Asian. He was born in Burma but spent his childhood in Singapore during the Second World War. I was therefore raised to be careful with money and never ever took it for granted. I think this background has helped me understand how hard it can be for families.

I did well at school. People in our local neighbourhood helped tutor me. My dad was very keen that I had the educational opportunities that he unfortunately was not able to have. I obtained a law degree at Southampton University and did my legal training at a small firm in Winchester before qualifying as a Solicitor.

I was able to spend six years practising Wills, Probate and Tax and this gave me an excellent great base of knowledge to have as a Deputy.

This was followed by a six-year career break when I had two children. I was fortunate to have the opportunity to live in the USA on a non-working visa – my husband was working there. However, I sat and passed the New York Bar and worked in a legal clinic to provide free legal advice for those that need it. I certainly learnt to turn my hand to what was thrown at me!

Finally, on returning to the UK I took a job dealing with Court of Protection matters, gradually building up my own team.

Much of my day is spent meeting and talking to my clients and making “best interest” decisions on financial matters that they cannot make themselves. Many of my clients have been damaged at birth due to clinical negligence although I also act for those that have acquired a brain injury, perhaps through a road traffic accident. 

Many of my clients can make everyday decisions i.e. they can manage a small bank account but they would struggle manage larger sums and most of my clients have a compensation award that needs management. Many of my clients are under the age of 30 and so I also work closely with their parents or another relative. Quite often I will take a client on who is still a very young child and I have to be really mindful that not only has the child been impacted by the negligence but also their parents have been through a lot.

Decisions can cover buying a house, paying for care and therapy, purchasing specialist equipment and investing money.  Absolute care must be taken as this money has to last my client for the rest of their lives and for many this is all they have.  They cannot work, have no other income and are vulnerable individuals.

So, how do I make these decisions?  The Mental Capacity Act 2005 states what must be considered as far as possible as well as who to consult.  It gives you a good steer. I can only make a financial decision if my client is unable to make it themselves and when I do make such a decision it must be in their best interests. For instance, I will look at what benefit they will obtain, the cost of it and the joy it may bring them. I’ve recently agreed to fund a weekend at a music festival for my client and her carer. She is in her 20’s and is desperate to go! It’s a sizable expense but I think she will gain enormous benefit in attending. Due to a brain injury her opportunities for social interaction are limited and I want her to have this opportunity.

For every decision I will try and consult the client as far as possible and usually parents or a carer. These are the people who know my client well and I’m sure they know them better than me!

Many decisions are of extremely high value.  However, what is important is how that decision impacts my client and what is best for them.  Sometimes it is the low value decisions that can have the biggest impact and it is those decisions that make me realise why I love what I do.

Recently, I agreed to fund a weekend away for a teenager and his grandmother and I have thrown in a food allowance so that they can really enjoy their time away without financial worry. 

This is a rare break that my client can have with his grandmother who dotes on him but financially would struggle to fund this.  She will be going as his carer and it means my client has an opportunity to spend some quality time with his grandmother.

With these sorts of decisions, of course, a Deputy needs to consider the finances but equally, they need to consider the benefits from other angles.  My client has had a tough life.  His parents divorced and his mother is unable to look after him and lives in long term care.  His father has struggled with being a sole parent.  So, this is the perfect opportunity for my client to spend some time with his grandmother.  Family is important.

The day after I made the decision, very unexpectedly I received a telephone call from the grandmother to thank me for this “act of kindness”.  I told her to enjoy the time with her grandson and just bring back some happy memories.

Sometimes, a financial decision is not just about the money.

I recall one decision for a young brain injured adult. He didn’t want a deputy but he was stuck with me! He wanted to spend his compensation from a road traffic accident on exactly what he wanted. The problem was that he was vulnerable and he didn’t really have sufficient insight on what could possibly go wrong. He desperately wanted a job but could get one.

Eventually he asked me to give him some of his money so that he could set up a vodka tasting business. I must admit that I prejudged the situation and had grave doubts that this would be a success. Despite this, I asked him to put together a basic business plan and then come back to me – and he did! I looked through the plan and knew instantly that it would only be a matter of time before the money would be lost.

I thought carefully about this. Even though it was significant sum of money, it wasn’t absolutely huge and I figured he would learn a lot from setting up his own business and this would give him the dignity he craved in having a job. Three months in and the money was gone and the business ceased. However, my client did learn a lot and really enjoyed working out the challenges. I’m really pleased I supported him in this. Sometimes an unwise decision may be the correct one.

A year later he had regained sufficient capacity to no longer be a protected person in the Court of Protection and has since gone on to set up businesses in America and Australia.

Strangely, I have never looked back and felt I have made the wrong decision. Every decision, no matter how small is carefully considered. 

I rarely get into a disagreement with a client or family as to a decision but I do warn them at the outset that we may not agree on everything and if that happens we need to have a discussion. If there really is an unresolvable disagreement, I can ask the Court of Protection to make a direction but that is costly to my client and time consuming. Usually, I will try and get some tangible evidence as to why I can’t agree a particular request for funding something. An example was when a client wanted to build a sensory garden for their son but we really didn’t have sufficient funds. So, I obtained a report as to how long the funds would last if we spent that money and we decided to delay it until we had saved enough. That garden is stunning and my client loves being in it but at the time I just couldn’t justify the cost.

On another matter I decided it would be beneficial for me to pay for the education and therapy of my client who had moved to the USA. The monthly amounts were high and I had forgotten to obtain a Court Order allowing me to send money out of the jurisdiction. This meant I was put before the Senior Judge to explain why I had made that decision. The judge was extremely thorough and went through all the financial entries with a fine toothcomb. I was terrified that I had done something wrong (and I had) but it was a genuine error which the Judge was able to rectify by putting an Order in place. It was a lesson learnt and a very stressful experience!

As you can see the work of a financial deputy can be very varied but also it is an absolute privilege in being able to work, support and help those that are extremely vulnerable. I’m very fortunate to have a job I love.

Ruth Meyer is a Partner and Head of the Court of Protection Team at Boyes Turner in Reading and can be contacted on rmeyer@boyesturner.com.