On 8 May 2019, the OPG published guidance for attorneys and deputies in relation to investing on behalf of someone who lacks capacity.
The guidance is aimed at lay attorneys and deputies, providing a clear explanation of the issues and emphasising their duties and responsibilities. It further states that advice from a financial adviser should be sought when:
- the attorney or deputy does not have relevant experience or knowledge;
- they need to show that they’ve taken advice;
- they need to diversify or review the person’s investments;
- they need advice from a specialist adviser on specific investment types, such as faith-based or ethical investments.
The guidance can be found at https://www.gov.uk/guidance/investing-for-someone-as-their-attorney-or-deputy.
(Author: Holly Chantler)