Question to the Ministry of Justice:

To ask His Majesty's Government what assessment they have made of the difficulty of appointing a Court of Protection deputy for those people whose assets are so low that professional private sector deputies consider that their estate is insufficient to meet their costs.

Most often, a deputy is a close relative or friend of the person or a local authority which is working with them rather than a private sector deputy. Additionally, in cases where the assets are low, the Court of Protection may decide that a full deputyship is not even required and may grant a one-off order.

Professional private sector deputies are of course aware when they take up the role that costs are payable out of an estate and will be proportionate to the value of the assets to be managed. The role of a panel deputy is to take on cases where no other person is willing or able to act, including cases with low assets.

The Department is not aware of any impact on access to justice for vulnerable people who lack capacity due to the inability of the court to appoint a family member, friend, professional private sector deputy or panel deputy to manage their affairs. Consequently, no specific assessment has been made.

Legal aid is available for advice and assistance under the Mental Capacity Act 2005 subject to the applicant passing the legal aid means and merits tests. Legal Aid is not available for the ongoing costs of a professional private sector deputy.