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Am I missing something? The money in the deputies' hands must be used for the best interests of the patient. The solicitors accounts rules require the clients money to be used in accordance with the clients instructions. Where is the problem?
Is it suggested that solicitor deputies will give instructions for the funds to be used other than in accordance wit their duties, and that the solicitor deputies will somehow misuse the funds?
Clearly no one at the OPG has tried to set up a bank account in anything other than a private capacity recently.
I am into the fifth year of trying to sort out problems with a major UK clearing bank following the death of a signatory to the account of a small charity. The bank in question continues to write to the deceased, and has lost three sets of mandate forms that have been completed. On each occasion the signatories have had to attend at the bank with suitable ID. Although I was a signatory to the account the bank decided that it had no knowledge of me, but corresponds with me, and sends the statements account to me.
We have just identified ourselves at the bank for the fourth time, and fingers crossed the problem will now be resolved. In the meanwhile the account remains frozen!