Adam Hogg
Senior Associate Solicitor and Department Manager, Court of Protection
English
Navigating the complexities of becoming a legal Deputy can be daunting, especially when you're already facing the emotional and practical challenges of supporting a loved one experiencing a decline in mental capacity. At Simpson Millar, we understand that the responsibilities of a legal Deputy extend far beyond paperwork. You’ll be making decisions that directly impact the life and well-being of a partner, spouse, relative, or friend who is no longer able to make key decisions on their own.
To become a Deputy, you must apply to the Court of Protection, and fulfilling the responsibilities that follow is crucial. In some cases, you may need to appoint a professional Deputy to ensure that your loved one's best interests are always protected. Our dedicated team of Court of Protection solicitors are here to offer the legal expertise and compassionate support you need throughout the process. Whether you're looking to become a Deputy yourself or need advice on appointing a professional Deputy, we provide clear, straightforward guidance.
If a loved one lacks capacity, our experienced Court of Protection Solicitors can assist you in making a successful Court of Protection application, enabling you to offer more focused support where it’s needed. We are committed to protecting the interests of your loved one and ensuring that their well-being is at the forefront of every decision.
Should you need assistance with applying for Deputyship or have any related concerns, our expert team is ready to help guide you every step of the way.
A Deputyship is a legal arrangement where the Court of Protection appoints an individual, known as a Deputy, to manage the personal welfare or the property and affairs of someone who lacks the mental capacity to manage them themselves.
This could be due to a variety of reasons including degenerative, physical and mental illnesses, the result of serious injury, or because of a condition that impairs their ability to make decisions independently.
There are two types of Deputyships:
1. Personal Welfare
2. Property and Financial Affairs
The role of a Deputy is to ensure that the individual's needs are met when no alternative legal authority, such as a Lasting Power of Attorney (LPA), is in place.
A Deputy can only act under a Court Order from the Court of Protection. This order sets out the Deputy’s powers and legally entitles the Deputy to act for the person who lacks capacity.
A Deputyship becomes necessary when a loved one loses the mental capacity to manage either their property and financial affairs or their welfare, and has not already established a Lasting Power of Attorney.
This often happens in situations involving progressive illnesses like dementia, or because of severe brain injuries or learning disabilities. A Deputy ensures that the vulnerable person's best interests are safeguarded and their day-to-day needs are managed responsibly. They may make decisions such as:
Where individuals don’t have a loved one to act on their behalf, a Solicitor can be appointed as a professional Deputy.
With a dedicated team of specialist Court of Protection health and welfare Solicitors, Simpson Millar is here to help you.
Yes, there are two main types of deputies that can be appointed, depending on the needs of the individual:
Being a Deputy carries significant responsibility and requires proactive management of a loved one's affairs, often in additional to caring for them. Because of this, not everyone of suited to the role and is worth considering when appointing a Deputy or Deputies. [SC1]
Alternatively, when there isn’t a suitable loved one or friend to appoint as a Deputy, or where there is a large estate to oversee, the Court of Protection can appoint a Professional Deputy to act on the behalf of the person lacking capacity, such as a specialist solicitor. Many of our Solicitors are Professional Deputies with experience of managing the affairs of individuals who are unable to do so themselves.
To appoint a Deputy, an application must be made to the Court of Protection. This process involves submitting several documents, including a detailed medical assessment of the individual's capacity. The Court will review the application and, if satisfied that a Deputyship is necessary and appropriate, will issue a court order appointing the chosen Deputy.
Our experienced Deputyship Lawyers can guide you through the entire process, ensuring that all necessary documentation is completed correctly and your case is presented effectively.
A Deputy can be a partner, spouse, relative or friend above the age of 18, or professional such as a Court of Protection Solicitor. Prospective Deputies must declare any criminal convictions or bankruptcy arrangements to the Court when applying, which could result in the application being refused.
If no one is willing or able to take on the role of Deputy, the local authority can step in for low-value estates, or a professional Deputy, such as a Solicitor, can be appointed.
Where the person lacking capacity has a large estate, a professional Deputy is usually the most appropriate option.
The Court of Protection will assess the suitability of the proposed Deputy, ensuring they are capable of acting in the person’s best interests.
A Deputy’s powers come from the Deputyship Order made by the Court of Protection and cannot be exceeded. The Order could give wide powers to the Deputy, or it could set limits to those powers - for example it could state that large items of expenditure or investment cannot happen without permission of the Court.
In addition, the Court of Protection places numerous obligations on the Deputy, as a safeguard to the person lacking capacity. These include getting a security bond, to protect the assets of the person whose affairs and property they’re managing, complying with supervision by the Court and filing annual reports and accounts.
The decisions a Deputy can make will depend on the type of Deputyship granted by the Court of Protection but typically include:
Property and Financial Affairs Deputies can manage all aspects of an individual’s financial life, such as:
Personal Welfare Deputies can make decisions about:
Crucially, a Deputy must always act in the best interests of the person they are supporting, following the principles outlined in the Mental Capacity Act 2005 and acting only within the powers set by the Court of Protection.
The time it takes to appoint a Deputy varies, but the process can take several months from the initial application. This includes the time it takes to gather the necessary medical evidence, complete the required forms, and await a decision from the Court of Protection.
There are several costs associated with applying for a Deputyship, including the Court of Protection application fee of £408, as well as possibly medical assessments and legal fees.
Once the application is granted, there are subsequent costs including setting up a security bond and an annual supervision fee of up to £320 a year.
Becoming a Deputy comes with responsibility and a commitment to always act in the best interests of the person you represent. The duties of a Deputy vary, depending on the personal circumstances of the person you act on behalf of and the type of Deputyship you’ve been granted. Example of duties a Deputy might have include:
The Deputy’s duties are set out in the Mental Capacity Act 2005 and follow the general principles of the Act including:
Deputyships are supervised by the Office of the Public Guardian (OPG) to ensure decisions are made in the best interests of the person you care for.
When a Deputyship Order is made, the OPG assigns a level of supervision, which can vary based on the complexity of the case and your experience as a Deputy. New or complex cases may receive closer supervision, whilst more straightforward cases might only require light-touch oversight.
You’ll be required to submit an annual report outlining key decisions and how you've managed the individual’s finances or welfare. In some instances, you may also need to seek permission from the Court of Protection before making major decisions. The OPG may visit to provide support and ensure everything is being managed properly, giving you the guidance needed to fulfil your role effectively.
Yes, certain scenarios can lead to Deputyships being terminated, such as:
Deputyships can also be discharged by Order of the Court or Protection. The Court will consider appointing someone else to act as Deputy in these circumstances.
Yes, if a Deputy is no longer suitable, willing or able to perform their duties, an application can be made to the Court of Protection to appoint a new Deputy.
No, if an individual has already established a valid Lasting Power of Attorney (LPA) whilst they had capacity, they usually not need a Deputy. An LPA allows a trusted individual to make decisions on their behalf, similar to the role of a Deputy.
The key difference between the two legal roles is that an LPA is set up by the individual whilst they still have capacity, whilst a Deputyship is applied for by someone else after the person has already lost capacity.
If you’re loved one already has an LPA, and you’re unsure whether they also need to appoint a Deputy, our Deputyship Solicitors are here to help.
Our specialist Court of Protection team is one of the most experienced in the country, and we're proud to be ranked in Chambers and Partners and The Legal 500, showcasing our commitment to excellence.
We have helped many clients manage the difficult process of securing personal or professional[SC2] Deputies for the people they love.
We offer expert advice with your application and beyond to ensure that not only is your Deputyship successfully granted, but also that you are supported in your new role as Deputy.
We know how difficult it can be when a family member or friend is no longer capable of managing their own affairs independently. By choosing us, you can be assured of a compassionate, professional service and clear, straightforward advice at every stage.
A Deputy's powers are set by the Deputyship Order from the Court of Protection and cannot be exceeded. The Order may grant broad powers or impose limits, such as requiring Court approval for large expenses or investments.
A Deputy’s exact powers can vary, depending on their appointment, but generally include managing property, finances, or personal welfare, for a loved on.
Deputyships often require regular re-evaluation, and in certain situations, it may be necessary to apply to the Court of Protection to amend your powers or, in some cases, relinquish your Deputyship entirely. Our specialist team are here to support you whether it’s with an initial application or a subsequent amendment.
When a Deputyship Order is issued, the Office of the Public Guardian (OPG) assigns a level of supervision based on the case's complexity and your experience.
New or complex cases usually require closer oversight, whilst simpler ones need less. You'll submit an annual report on key decisions and financial management, and you may need to get Court permission for major decisions. The OPG may also visit to offer support and ensure everything is handled properly.
The Court of Protection is a specialist UK court that helps make important financial and welfare decisions for individuals who may not have the mental capacity to do so at the time a decision is needed.
Caring for a loved one can be overwhelming, and reaching the decision that they are no longer able to manage their own affairs is not easy. Having trusted Court of Protection specialists by your side can provide not only expert legal advice but reassurance as you navigate the process of application. Whether you’re looking to appoint a personal or professional Deputy, our experienced team is here to guide you through the legalities, and ensure the sound management of your loved one’s interests.
For more information or to discuss your specific needs, please contact our team today.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 9764
