The Office of the Public Guardian is seeking to encourage the use of non-lawyers to act as deputies for those with impaired capacity, so they can avoid ‘costly legal solutions’.

In a call for evidence published last week, the OPG is seeking the views of care charities and other not-for-profit organisations on whether they would be able to provide deputies to protect the interests of people who lack mental capacity due to illness or after an accident.

Deputies are appointed by the Court of Protection under the Mental Capacity Act 2005 to make decisions about an individual’s finances or their personal welfare.

Almost all deputies are currently lawyers, although the work required is not always of a legal nature.

In the paper, the OPG says that while some deputyships involve the management of complex financial portfolios and an element of litigation, making it necessary to involve a law firm, there are a significant number of people whose administrative needs are straightforward.

The OPG says many of these people would benefit from the soft or pastoral skills of advocates or social workers, and the value for money represented by organisations run on a not-for-profit basis.

The paper says: ‘We hope that by better understanding the barriers that exist and supporting partners in civil society, we can facilitate a greater range of solutions for persons lacking mental capacity, away from more costly legal solutions for the individual.’

The public guardian Martin John said: 'Deputies play a very important role in supporting some of the most vulnerable people in our society.

‘Quite often it may be appropriate for a legally qualified deputy to be appointed. But charities and other third sector organisations potentially have a huge amount to offer in this area.’

The call for evidence ends on 27 October and can be found on the Justice website.