insideKENT Magazine Issue 99 - June / July 2020 | Page 52
BUSINESS
How does COVID19 affect your role as
an attorney or deputy
BY BEKKA FUSZARD, SOLICITOR TAX AND ESTATE PLANNING,
WHITEHEAD MONCKTON
IF YOU’RE AN ATTORNEY (APPOINTED BY AN INDIVIDUAL BY AN ENDURING OR LASTING POWER
OF ATTORNEY) OR A DEPUTY (APPOINTED BY THE COURT OF PROTECTION FOR AN INDIVIDUAL
WHO LACKS CAPACITY) YOU MAY BE WONDERING HOW THE PANDEMIC AND GOVERNMENT
GUIDELINES AFFECT YOUR ROLE AND WHETHER YOU CAN TEMPORARILY GIVE UP OR DELEGATE.
The Office of the Public Guardian (OPG) (the
government body which supervises attorneys and
deputies) has advised that attorneys and deputies
cannot temporarily give up or delegate their role
and the responsibilities associated with being an
attorney or deputy are unaffected:
“During the coronavirus outbreak, your role and
responsibilities as a deputy or attorney remain the
same', the OPG’s guidance states.'If you are selfisolating
or shielding, you must continue to make
decisions for [the protected person P]. You cannot
ask anyone else to make those decisions for you.”
You must therefore continue your role whilst also
following government guidance on social distancing,
self-isolation and shielding. This means you may
have to make some adaptations to the way you
usually do things.
For example, if you are faced with making a decision
then you should follow the usual process under the
Mental Capacity Act. As part of that you may need
or want to talk to the person first, something that
you might usually do face to face during a visit. Think
about how urgent the decision is and whether it
could be delayed until the current situation passes.
Unless it is particularly urgent, it is okay to prioritise
getting food and other essential supplies and generally
keeping yourself and others safe and well.
If it is a decision that cannot be delayed, you could
use the telephone or a video call to discuss with the
person. Many older people are embracing technology
during this time even if it’s not something they have
used much before. If using the telephone and/or
technology is really not suitable then you might
consider having a care worker or someone else pass
on the information and then revert to you.
It is important that you make the decision and you
do not ask someone else to make the decision for
you, as you are not allowed to delegate decision
making. However, you can ask someone else to carry
out the decision for you if you’re not able to action
it yourself.
You cannot temporarily step down as an attorney
or deputy. If you feel you are unable to carry out
the role, you can give up your role permanently. This
may leave the person without the support so it is
important to think carefully about this and take
advice before doing so.
If you have queries about any aspect of acting as a
deputy or attorney, please do not hesitate to get in
touch with myself or one of my colleagues in the
Tax and Estate Planning department at Whitehead
Monckton. We offer a fixed fee attorney advice
service and can discuss with you over the telephone
or by video call.
If you would like to discuss the issues in this article
then please don’t hesitate to contact us:
E: [email protected]
T: 01622 698000
www.whitehead-monckton.co.uk
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