We understand that it can be extremely difficult to witness a loved one lose the capacity to manage on their own.

Our Court of Protection solicitors are here to offer compassionate and pragmatic support to see you through these tough times.

What is a Court of Protection Deputyship?

A Court of Protection Deputyship is a legal arrangement in which a person (the Deputy) is appointed by the Court to make decisions on behalf of someone else (the Protected Person) who lacks the mental capacity to make their own decisions.

Who can apply to become a Deputy?

Anyone can apply to become a Deputy, but they must be over 18 years of age and willing to take on the responsibilities of the role.

When is a Deputyship needed?

A Deputyship is needed when someone lacks the mental capacity to make important decisions about their finances, health or welfare and where they haven’t already made a Power of Attorney. This could be due to a learning disability, dementia, or an acquired brain injury, for example.

How long does the Deputyship process take?

The Deputyship process can take several months, depending on the complexity of the case and whether any objections are raised.

What are the responsibilities of a Deputy?

The responsibilities of a Deputy depend upon the type of Deputyship but will include making decisions about the Protected Person’s finances, health and welfare, managing their property and affairs, and reporting to the Court of Protection.

What authority does a Deputy have?

A Deputy has the authority to make decisions on behalf of the Protected Person but must act in their best interests and follow the principles of the Mental Capacity Act 2005.

What is the role of the Court of Protection?

The role of the Court of Protection is to make decisions about Deputyship applications, supervise Deputies, and resolve disputes that may arise.

Can a Deputy be removed from their position?

Yes, a Deputy can be removed from their position if they are found to be acting inappropriately or not in the best interests of the Protected Person.

What is the difference between a Deputy and an Attorney?

An Attorney is appointed by someone in advance of losing capacity to make decisions on their behalf. A Deputy is appointed by the Court of Protection when someone has already lost capacity.

Can a Deputy make decisions about medical treatment?

A Health and Welfare Deputy can make decisions about medical treatment, but only if they have been specifically authorised to do so by the Court of Protection.

What are the types of Deputy that can be appointed?

There are two types of Deputyship:

  1. Property and Affairs
  2. Health and Welfare.

A Property and Affairs Deputy has responsibility for managing a person’s money, property, investments etc.

A Health and Welfare Deputy is responsible for taking decisions relating to a person’s care, living arrangements, medical treatment etc.

What is the process for terminating a Deputyship?

A Deputyship can be terminated by the Court of Protection if the Protected Person regains capacity or if the Deputy is found to be acting inappropriately.

What are the reporting requirements for a Deputy?

A Deputy must submit annual reports to the Court of Protection outlining the decisions they have made and the actions they have taken on behalf of the Protected Person.

Can a Deputy be held liable for their actions?

Yes, a Deputy can be held liable for their actions if they breach their duties or act outside of their authority.

How much does it cost to apply for a Deputyship?

The cost of applying for a Deputyship varies depending on the complexity of the case, however, there is a court application fee of £371 that must be paid and the Office of the Public Guardian Appointment fee of £100. In addition, the Deputy must take out a security bond and the premium for this depends on the level of the individual’s assets and will be determined by the Court. A mental capacity assessment must also be obtained, and there will be a cost for the person undertaking the assessment.


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