Dear forum,
I was wondering if anyone could direct me to the chapter and verse detailing a Deputy’s duties, other than the powers listed in the Mental Capacity Act and Deputyship Order.
More specifically, what obligations a professional Deputy has towards the Personal Representative and/or Beneficiaries of an estate after the client/patient dies.
Is there an express obligation for the Deputy to hand over estate accounts and inventory?
Whilst I don’t believe there to be an express obligation for a deputy (whether professional or otherwise) to hand over accounts and an inventory, as the person who should be most familiar with P’s financial affairs I consider they have a duty to assist the personal representative(s) in gathering the information necessary to enable them to properly administer the estate. This may well entail providing both an inventory of some sort and an account so that the PRs can comply with their own duties.
If a deputy is obstructive, they do so at their peril as to costs if the PRs need to go to court to obtain the information.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
Many thanks Paul for the comprehensive reply!
It confirms what I thought…