Public Guardian in second attempt to recruit non-lawyer deputies

The Office of the Public Guardian (OPG) is making a second attempt to replace solicitors as deputies with cheaper lay representatives from charities.

Deputies are appointed by the Court of Protection to protect the interests of people who lack mental capacity.

In its 'call for evidence', published this week, the OPG said 'almost all deputies are currently lawyers, although the work is not always of a legal nature'.

The OPG said the move was prompted by the 'low response' to its first attempt to recruit third-sector deputies, when it dissolved and reformed its panel in September last year.

In a consultation paper published with the call for evidence, the OPG said it wanted to work with the Court of Protection to introduce a 'framework' governing the fees charged by the not-for-profit organisations.

A recommendation on costs will be based on the evidence received during the call for evidence, which ends on 27 October.

The OPG said that looking at comparators, such as a senior social worker's fee for court work, it would suggest a fee of £70 per hour.

In cases where clients need pro bono support, charities are asked whether they could provide this for free or at a reduced rate.

Public Guardian Martin John said charities and other third-sector organisations potentially had a 'huge amount' to offer.

'They bring with them a unique perspective based on many years working closely with users and a deep understanding of the issues that they face,' he said.

'This call for evidence will ensure that we can understand in detail how best charities might be able to contribute in this area and how the OPG might be able to support them better in becoming more actively involved as deputies.'