What is expected of a Receiver by the Court of Protection?

The Receiver’s new declaration includes the following undertakings to the Court, although an ability to say yes to all of the following does not necessarily mean that one is not able to be appointed a receiver:

I will visit the client regularly and take an interest in their welfare.

I will identify and provide for all the client’s personal needs.

I will work with the client’s carer (if you are not the carer), to achieve the best quality of life for the client within the funds available.

I will immediately inform the Court of Protection/Public Guardianship Office if I have any reason to believe that the client has recovered capacity and may be able to manage their own affairs.

I have the skills to discuss the client’s needs with the Court or the Public Guardianship Office, either by phone, letter or in person.

I will promptly open and operate a receivership bank account for the client, and keep it in credit where possible.

I will identify and apply for all state benefits and pensions to which the client may be entitled, and collect any other income due to them.

I will pay the client’s bills.

I will keep financial records, bills, receipts and vouchers so that I can complete an annual account of my activities as Receiver. I have the skills to complete and balance such an annual account.

I will lodge that account with the Public Guardianship Office within two months of the due date.

I will complete (if necessary), or arrange to be completed on the client’s behalf, an annual tax return for the client.

I understand that I may be required to provide insurance for my actions as Receiver, and if so I undertake to pay the annual premiums promptly (from the client’s funds) on demand from the insuring company.

I have the skills or experience to maintain the client’s property (if appropriate), for example arranging for insurance, repairs or improvements.

I will be able to arrange and oversee a sale or letting of the client’s property with appropriate legal advice.

I will comply promptly with all directions given by the Court or the Public Guardianship Office.

I will co-operate with any representative of the Court or the Public Guardianship Office who might wish to meet me or the client to check that the receivership arrangements are working.

I understand that my duties may be time consuming, but I will still be able to act in the client’s best interest and carry out properly my duties as Receiver on a voluntary and unpaid basis.

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