New guidance on family care payments published by the Office of the Public Guardian

The Office of the Public Guardian has published fresh guidance on the correct approach where deputies make care payments to family members who are providing care for someone who lacks mental capacity.

The note

• defines what is meant by a family care payment, sometimes called a ‘gratuitous care’ payment 
• sets out the legal framework, the deputy’s authority to make payments and the Public Guardian’s view on factors to consider when agreeing and calculating such payments 
• explains when the Public Guardian expects deputies to seek approval of payments from the Court of Protection (‘the court’) and when the Public Guardian will consider applying to the court over unauthorised payments.

​You can download the full document from the OPG website here.