A Deputy is an individual appointed by the Court of Protection to make decisions for a person who can no longer make certain decisions for themselves. A family member or close friend can be a Deputy, as can a professional person, such as a solicitor.

Deputies are appointed when an individual lacks the mental capacity to make decisions themselves (for example, through a physical or mental illness, Alzheimer’s or dementia, a learning disability, or a stroke) and does not have a valid Lasting Power of Attorney (LPA) in place that stipulates who should make those decisions for them.

Acting as a Deputy is a considerable undertaking and should not be taken lightly.

In this article, our Deputyship solicitors consider what the role of a Deputy involves.

Types of Deputy

There are two types of Deputyship.

  1. Property and financial affairs deputy. This is the most common form of Deputyship. It involves making decisions about a person’s property and financial affairs, such as paying bills, applying for benefits on their behalf, choosing how to invest their savings or deciding how much to spend on their care.
  2. Personal welfare deputy. This type of Deputyship involves making decisions about an individual’s care and medical treatment. Appointing a personal welfare deputy is rare, as the court generally prefers to leave such decisions to the relevant healthcare professionals.

Responsibilities of Deputy

Precisely what a Deputy can and can’t do is determined by the needs of the person who lacks capacity and is set out in the Deputy order issued by the Court.

All Deputies are bound by the general rules set out in the Mental Capacity Act 2005 Code of Practice and must also meet certain standards for Deputies.

Government guidance states that Deputies must consider the vulnerable person’s mental capacity every time they make a decision for them and must:

  • Make sure it is in the other person’s best interests.
  • Consider what they have done in the past.
  • Apply a high standard of care (this might mean involving other people in the decision-making process, for example, getting advice from relatives and professionals, like doctors).
  • Do everything they can to help the other person understand the decision, for example, explain what is going to happen with the help of pictures or sign language.
  • Add the decisions to an annual Deputy report.

Deputies must not:

  • Restrain the person unless it is to stop them from coming to harm.
  • Stop life-sustaining medical treatment.
  • Take advantage of the person’s situation.
  • Make a Will for the person or change their existing Will.
  • Make gifts unless the Court order says they can.
  • Hold any money or property in their own name on the person’s behalf.

Deputy Application Process

Any adult over the age of 18 can be appointed as a Deputy. Deputies must meet several conditions, such as not having a criminal record or not having been declared bankrupt.

There are various steps that must be followed in the Deputyship application process. Applications are made to the Court of Protection and many forms need to be completed and documentation must be provided.

Applicants must also tell the person they are applying to become a Deputy for, get a medical practitioner to confirm that the relevant person no longer has the mental capacity to manage their own finances and inform at least three people connected to the vulnerable person, for example, the person’s relatives, social worker or doctor, about the application.

The application process is complex, and specialist legal advice is vital. For guidance on Court of Protection applications from our experienced Deputyship solicitors, please call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Role of Deputy at Court of Protection

Deputies need to keep a record of all relevant accounts, dealings and transactions and submit an annual report to the Office of the Public Guardian explaining their decisions and accounting for any money they have spent.

Deputies cannot usually be paid, although they can claim certain reasonable expenses incurred while undertaking the role, such as for travel expenses, car parking tickets and postage costs.

Deputyship Solicitors in Blackheath

If a family member or close friend is no longer able to make decisions for themselves about their finances and does not have an LPA, Beverley Morris & Co. Solicitors can help.

Our specialist Deputyship solicitors offer you sensitive yet practical guidance in the following areas:

  • Assisting with the Mental Capacity assessment process.
  • Making an application to the Court of Protection.
  • Acting as professional deputies.
  • Providing advice and support to deputies with their responsibilities.
  • Acting in disputes over decisions being made for a person who lacks mental capacity.
  • Deputy application disputes.

Contact our Deputyship Solicitors

Our Deputyship solicitors in Blackheath have extensive expertise and knowledge in this complex area of law and have been helping clients across London and the South East for many years.

For more information or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.