If you are family, and you were to apply for a deputyship order for your family member, you’d be what’s known as a “lay deputy”. There are many rules and regulations that you have to follow and like all deputies, you have to act in the best interests of the person you are looking after. These are all designed to keep the individual’s best interests paramount, and to minimise any further suffering or difficulty for them. You are not allowed to hold their money in your name, and nor are you allowed to hold any of their property in your name. Their assets remain theirs; a deputy is simply a decision-maker.
To be a lay deputy, you must:
- Be at least 18 years of age;
- Never have been declared bankrupt
- Not have a criminal record;
- Be of good, kind character.
If you do not comply with the rules of deputyship, you could face fines or time in prison, particularly if you are guilty of abuse or neglect.