Accreditation Programme
Launching Autumn 2024
A multi-tiered programme designed to be used alongside the OPG’s standards, completion of the Accreditation Programme will demonstrate a knowledge and understanding of what it means to be a Deputy or work as part of the team to represent P effectively.
Objective
Designed to complement the Office of the Public Guardian’s standards, the PDF Accreditation Programme provides benchmarks for deputies to strive towards, enhancing their confidence, knowledge base, and career progression.
Eligibility
The PDF’s Accreditation Scheme is open to all those working in the Court of Protection, but primarily Professional Deputies, their Associates and those working within the team.
You need to be a PDF Member in order to complete it, but it is not a pre-cursor to joining.
Who is the programme for?
The programme is for PDF Members and your level of experience will determine which tier you begin with.
Foundation
Aimed at Grades D – C
Delivered through online learning and assessment
Approximately 20 modules, each with 30-40 minutes of material (webinars, slides, audio) followed by around 20 questions.
Approximately 15-16 hours.
£200 + vat
Intermediate
Aimed at Grades C – B
Delivered through online learning and assessment
Approximately 20 modules, each with 30-40 minutes of material (webinars, slides, audio) followed by around 20 questions.
Approximately 15-16 hours.
£300 + vat
Advanced
Aimed at Grade A, Deputies, or Trust Corporation individuals
Cost TBC
Syllabus
Each tier has been written, produced and is presented by expert practitioners in their field from across the Court of Protection in England and Wales. The module outlines are covered below.
How will this course benefit me?
On successful completion of this programme, you will be:
- Confident that you are fulfilling the standards of an effective deputy or practitioner in the Court of Protection
- Demonstrating a commitment to high standards
How will this benefit my employer?
Completing this course will equip your organisation to:
- Provide an enhanced professional service to clients.
- Ensure Court of Protection service is marketed appropriately.
- Meet best practice in Court of Protection work.
- Raise the level of knowledge and understanding of staff.
- Further safeguard the reputation of your organisation.
Modules
Introduction – Acting as a Solicitor Deputy
- Overview of Deputy authority
- OPG Guidance
- Deputyship Standards
- Conflicts of interest
- Who is acting as a Deputy?
- Client retainers
- SRA requirements
- Accounting and money laundering
- What makes a good Deputy?
Acting as a Solicitor Deputy – Security Levels & Bonds/ Professional Indemnity
- Understand what a Security Bond is and what its purpose is
- Be able to suggest an appropriate level of bond based on a client’s estate
- Understand how to set up a security bond and to change how much it is depending on a client’s assets
- Call in a security bond or avoid a bond being called in
Know your Client – Working for Vulnerable Clients
- Preparing for the first interview
- What to research and look for
- Adapting your style from experience
- Consider what neuropsychological and mental health difficulties look like when you see them
- Consider the impact of such difficulties on your relationship with clients.
- Consider the influence of background personal and family histories and their impact
- Prepare for the first meeting
- Work with & share with teams
- Reflect on progress and adapt
Capacity
- Test
- Unwise decisions v mental capacity
- “Intro to – Assessing capacity – areas – financial – but also others such as sex, contact, residence,
- Care, domicile, medical treatment, internet use, borderline issues “
- Cop3 completion/review on receipt and important points to note
CoP Laws
- Court of Protections Jurisdiction
- Court of Protection Procedure Rules and Practice Directions
- Mental Capacity Act 2005
- Mental Capacity Act Code of Practice
- Interaction between the Mental Health Act 1983 and Mental Capacity Act 2005
- Supervision of the OPG
- Annual returns
Applications in the Court of Protection
- Initial application
- Procedure – inc intro to contentious
- One off applications
- Statutory wills – intro (covered under Wills)
- Sale and purchase of property
- Security level changes
- Preparing witness statements – what to include – Hilder might comment here?
- Intro to gifts
- ACC
- Draft orders
- Costs
Financial Management
- Owning Property or Assets as a Deputy
- Ringfencing
- Income, Receipts, Management – Day to Day Management of Funds
- Income , Receipts, Management – Income Sources & Income Tax
- Banking – Deputy Banking
- Accounts management – Middle-Term Products
- Cash Cards – Helping P Manage Day to Day Spending
- Setting allowances for P
- Credit agencies/restrictions
- Entering contracts – terms and conditions – what to look out for?
- Gifts Authority for Making Gifts
Investment
- Understand the immediate consideration when P receives funds
- Understand why you should consider investing for P
- Explain the risks that should be considered when investing
- Prepare a “good” budget
- Understand how client circumstances affect the appropriateness of investing
- Explain how a client becomes invested
Sharia Investment
Managing P’s Property
- Insurance
- Utility management
- Unoccupied property
- Joint ownership – mortgages
- Introduction to property adaptations and property finding
- Tenancy – negotiating terms, up front payments (6 – 12 months), permitted occupiers, adaptations to a rental property, housing benefit claims
Annual Reports
- Understand the necessity and importance of the annual accounts
- Better prepare in advance of your report request (record keeping);
- Understand when you will be asked for your report;
- Confidently prepare the accounts from the deputy account;
- Accurately complete all sections of the report;
- Predict future cost estimate;
- Effectively deal with requisitions from the OPG; and
- What to do once the report has been submitted.
Wills
- Know you client estate devolves on death
- Be able to identify issues that might arise on death
- Understand the capacity issue around making a Will
- Identify whether a Statutory Will is appropriate
Sharia Wills
Benefits
- Know which department covers which benefits
- Identify different benefits that clients may be eligible for
- Know what income and capital is disregarded
- Understand how the Universal Credit system works
- Know about Managed Migration
- Identify the difference between means-tested and non means-tested benefits
- Know what Council Tax exemptions & discounts a client may be eligible for
- Know how to become an appointee for benefit purposes
Education
- Overview
- Introduction to EHCP
- Parents authority
Welfare Considerations as a Property & Affairs Deputy
- Understand the legal framework around capacity and best interest-decision making
- Have an awareness of common health and welfare issues that arise and what steps a property and affairs deputy should take to resolve matters
- Understand the basics around Deprivation of Liberty
- Understand the extent of a property and affairs deputy’s authority to incur costs in relation to P’s welfare
- Understand how to respond to welfare issues that are arising
Relationship Issues – Family Dynamics
- Family Dynamics and Best interests
Management of Care
Holidays for P
- Understand and explain the benefits of a holiday for P and his family.
- Detail how far in advance of the potential holiday planning should commence.
- Describe some of the considerations that must be planned/established before booking a holiday abroad.
- Understand the pre-holiday logistics and arrangements that will be required in advance, and provide an indication of usual costs and examples of other costs that may be incurred dependant on P’s needs.
Costs
- Authority for assessment
- PD19B – fixed costs
- Process of assessment
- Basic principles – proportionality, overheads, inter-fee earner time, evidence
- Hourly rates
Personal Injury & Litigation
- Working with a litigator
- Maximising recoverability and minimising losses
- Cash flow management
- Expenditure evidence
Ending a Deputyship
- Change of Deputy application
- Death of P
- P re-gaining capacity
- Calling in security
- Transfer of assets
Powers of Attorney
- What are Enduring Powers of Attorney and are they still valid?
- Understand what Lasting Power of Attorney are
- Different Types of Lasting Power of Attorney
Advanced Decisions & Statements
- What is an Advanced Decision
- What is and Advanced Statement
- What are Do Not Resuscitate instructions
Acting as a Solicitor Deputy
Know your Client – Psychology Module
- Remind yourself how neuropsychological and mental health conditions impact relationships with professionals
- Remind yourself about strategies to help engage with clients and their families
- Consider how to maximise decision making and capacity potential, including taking instructions & Gillick Competence
- Consider how family dynamics and cultural contexts impact on engagement
- Consider how to manage difficult situations e.g. declining access to funds
- Consider how you might deal with families where your client is a minor
Capacity
- Vulnerability issues
- How to instruct – comprehensive instructions (test/fluctuating capacity) – Who to instruct – costs should not be defining/timescales/children transitions
- Assessing capacity – in depth: financial, sex, contact, residence, care, domicile, medical treatment, internet use, borderline issues
- Re-assessment requests from P – managing re-assessment
- Borderline capacity – how to manage, assessments, impact on costs,
- Fluctuating capacity
Applications in the Court of Protection inc. Inherent Jurisdiction
Statutory Wills & Litigation on Behalf of P
- Identifying when a statutory will might be appropriate
- Understanding the principles applicable
- Understanding the procedure in making an application
- Identifying when intervention might be appropriate to defend P’s rights and entitlements
- Understanding the principles around representing P
Financial Management
Investment
- Understand the history of appointing an investment management under the Court of Protection
- Preparing a request for tender
- Explaining the interaction between a good budget and the longevity of P’s funds
- Distinguishing between investment managers (IMs) and Independent Financial Advisors (IFAs)
- Understanding the considerations when making an appointment for P
- Explaining what to look for when choosing an investment professional
- Considerations when selecting an investment strategy
- Understanding the importance of an annual review of investments
- Having an awareness of tax implications and tax wrappers
- Understanding how benchmarking is used to help measure performance
Managing P’s Property
- What your duties are when acting as a landlord on behalf of P as their Deputy
- The steps we need to follow when purchasing a property for P
- The steps we need to follow when selling a property for P
- Adaptations and building projects
- Disabled Facility Grants
- Carer’s annexes and associated responsibilities
- What considerations need to be made regarding IHT
Acting as a Director or Executor for P
- Acting as a Director for P
- Acting as a an Executor for P
Wills – Statutory & Contentious
Care Funding
- Understanding the duties of local authorities and the NHS to provide statutory support to meet social care needs/ healthcare needs in the community
- Understanding the eligibility criteria for statutory support from a local authority, including financial eligibility
- Understanding the interaction between statutory support and personal injury claims
Education
Welfare Considerations
- Understanding in more depth the legal framework around capacity and best interest decision-making, including how it relates to 16 and 17 year olds
- Understanding the extent of a property and affairs deputy’s authority to incur costs in relation to P’s welfare
- Having an awareness of a property and affairs deputy’s authority to incur costs in relation to P’s welfare
- Having an awareness of two specific welfare issues which may arise on your cases and the steps you may need to take to resolve them; including capacity to consent to sexual relations and deprivation of liberty
- Having an awareness of the Inherent Jurisdiction of the High Court and when it is likely to be relevant to your client
- How to respond to welfare issues – key points for property and affairs deputies
Criminal Activity & P
Relationship Matters – Family Law
- Understanding core concepts within family law; marriage, divorce and dissolution, cohabitation, pre and post nuptial agreements, financial remedies and child arrangements
- Identifying specific issues concerning mental capacity, arising in respect of relationships and relationship breakdown
- Understanding how capacity issues are addressed within the Family Court
Relationship Matters – Predatory Marriage
- Understanding the importance of safeguarding the vulnerable
- Identifying red flags or warning signs surrounding financial abuse and coercion
- Understanding the impact of demetia and how signs can be missed
- Understanding the legal framework and link between marriage law, will, probate and power of attorney
- Understanding the types of legal reform available
Management of Care – Care
- Understanding the types of providers that could be considered for delivering a care package and stating the pros and cons of each.
- Describing the role of the CQC in monitoring care providers and who should be registered
- Describing what you would expect from a case manager when they are setting up and managing a package of care.
- Detailing potential benefits of having a team leader in place.
- Describing the issues that are currently being faced regarding recruiting and retaining care staff and why it is important to retain care staff in post.
- Describing some types of conflict or common issues that arise and the case manager and Deputy role in resolving these.
Management of Care – Employment
International Law and Capacity
Immigration
Personal Injury & Litigation
Transfer of a Deputyship
- Where there is a need for change due to deputy/relationship breakdown
- The alternatives: Panel deputies, appointees
- The process and practical tips
Trustee Management
- Understanding what Personal Injury Trusts are.
- Understanding why a client should consider a Personal Injury Trust.
- Understanding the types of Trust and which to choose.
- Personal Injury Trusts and means testing.
- Understanding Care at home.
- Understanding Disabled Trusts and why they matter.
Power of Attorney
- Understanding the scope of an Attorney’s Authority.
- Understanding how to set up a Power of Attorney.
- How to remove an Attorney.
Attorney Disputes
GDPR – Employment & the Deputy
Minor Trusts
To follow
Further Information
- Upon successful completion of each tier, your name will be added to the Accreditation Directory on the PDF website showing your level of achievement.
- A certificate will be provided when each tier is successfully completed.
- A digital badge will be available for use in signature blocks for example upon successful completion of each tier.
- If there is a significant change in law, it may require an ad-hoc syllabus update and online assessment.
Partners
Many thanks to the following for their contributions:
Sign up for PDF Membership now
Not a member yet? Apply for membership now to start your journey towards becoming a PDF Accredited member.