Surety Bonds in England and Wales

The Surety Bond is a guarantee to pay any financial losses suffered arising from the Deputy’s failure to perform their duties as directed by the Court of Protection and/or the Office of the Public Guardian.

The Court of Protection appoints a Deputy to look after the affairs of "P", who is unable to take care of their own affairs. For the Deputy to act, the Court of Protection may require a Surety Bond to be in place to safeguard the assets/estate of "P".

You are jointly responsible to act in the best interests of "P". This will include one Deputy making sure the other(s) are acting appropriately. Refer to your Deputyship order for more information on this.

Applications can either be made online at www.arrangebonds.com or by completing an application form and returning it to Marsh Limited, along with payment. You will receive confirmation within a couple of days that Security has been granted.

If you are a third party assisting the Deputy(s) with the application of a Bond, you must enter the name, address, date of birth and contact information for the Deputy and not your personal/firms details. This should be completed in the presence of the Deputy(s) so they understand the terms and conditions of the bond they are entering into.

Yes you can. The bond application process cannot be done via the website, so you will need to contact a member of our team directly. When applying please note in the application this is a transferred bond, providing us with the details of the previous bond provider and bond reference. We will then update the Court and the Office of the Public Guardian.

If the Court has instructed you to obtain a Single Premium Bond, which will have a Security amount of £21,000, then there will be a single upfront premium to be paid with the application. This premium covers the lifetime of the Deputyship and there will be no annual premiums to pay.

You can apply for a new bond and renew an existing bond with Marsh via the website.

Currently, you are not able to amend security via the website but you can use the contact us function to notify us of a change in security and upload any supporting documentation.

For Bonds greater than £750,000, supporting documentation and approval from the insurer is required. As a result you can use the website to apply, but in order to accept and pay for the bond you will need to speak with a member of our staff.

When applying for a Bond via the website the lead Deputy (the term lead Deputy is used simply to describe a deputy applying for a Bond on behalf of all Deputy's) will have an account automatically created for them. Access can be arranged for you to view the same bond by contacting Marsh Ltd on 0207 178 4116 or email Lps.enquiries@marsh.com

Payment can be made by Internet Banking/BACS our account details are:

Account Name: Marsh Ltd
Account Number: 93 72 98 42
Sort Code: 20 00 00

The Security amount is fixed by the Court of Protection and can only be amended on their instructions. You will need to make a further application to the court for the Security to be amended. Please speak with the Office of the Public Guardian for guidance, they can be contacted on 0300 456 0300 or by email customerservices@publicguardian.gov.uk.

If there is an increase in Security, no additional premium will be required until the next anniversary. Where there is a reduction, a refund may be available, we would normally advise you of this when you contact us to amend Security.

As stated on the Bond application form "I/We shall not be entitled to any refund in the event of early termination or replacement of the bond". Whilst no further premiums are payable, no refund is due because the bond remains in force for a minimum of two years after the termination/replacement date. This allows time for your final account to be reviewed by the Office of the Public Guardian, and your discharge processed, until such times the Surety Company is still required to maintain cover.

You should notify both Marsh and the Office of the Public Guardian of any change in address or contact details as soon as possible.

If this has happened we apologise for any distress this may have caused you. It is possible we have not been informed of "P's" death by you or by the Office of the Public Guardian, resulting in an automated annual anniversary notice being sent. Please notify us and we will update our records immediately.

An application to the Court of Protection must be made to relieve you of your duties. Contact the Office of the Public Guardian in the first instance for guidance. The Bond premium is still payable until you are relieved of your duties.

In the sad event this happens a new bond would be required.

The Court and/or the Office of the Public Guardian can make a claim on the bond if, after investigation, it has been decided that accidental mismanagement or a deliberate act of misappropriation/fraud has resulted in a loss to "P's" estate.

Yes. The Deputy(s) is liable to the Surety Company for any sums paid out, following a claim on the Bond. The Surety Company "may" take such action as is appropriate against the Deputy(s) personally to recover any loss. Action may include requesting the funds be repaid to them, or civil court action etc.

You should also note that if, after investigation, the loss to "P"s" estate is deemed deliberate, the Office of the Public Guardian may report the matter to the Police for further investigation.

There is a Legal & Counselling Helpline available to offer you support. This is a confidential and discrete service available day or night, free of charge; you only pay for the call.

Legal helpline 0345 300 1899
Counselling helpline 0117 934 0105
Please note this is an advice only helpline.

You can contact the Office of the Public Guardian for support and assistance at any point, using the telephone number and email address previously stated. Alternatively you can visit their website at https://www.gov.uk/government/organisations/office-of-the-public-guardian