Providers of surety bonds for deputies: new Practice Note from the OPG

​The OPG has updated its Practice Note 03/2012 relating to surety bond providers for deputies who have been appointed by the Court of Protection to manage the property and affairs of the Patient.

​The OPG runs a scheme (called the "Scheme") which provides suitable surety bonds for the purposes of security to all deputies appointed by the Court. From October 2016, the Scheme will be administered by Howden UK Ltd (before this date the Scheme was run by Bond Security Services). The updated Practice Note merely notes this change in the administration of the Scheme - the rest is unchanged.

It is worth remembering that deputies are not bound to enter into an arrangement within the Scheme and can seek their own arrangements. However, as the Practice Note describes, providers of surety bonds need to demonstrate to deputies wishing to move outside the Scheme that they understand the unique nature of deputy bonds, they meet the requirements of the Regulations, and provide the requisite protection for the Patient (“P”). The OPG has no contract with any provider outside the Scheme and does not provide any endorsement or promotion of products offered. 

Providers who satisfy the requirements in the Regulations and have agreed to meet the Public Guardian’s expectations will be placed on a list maintained by the OPG and made available to the Court of Protection. The OPG would expect to review regularly that a provider is meeting the requirements and the Public Guardian’s expectations, usually annually.

Read the full text of the Practice Note here