When someone loses the ability to manage their own affairs and has no power of attorney in place, their family cannot simply take over, and it is at this point that many people first contact our deputyship solicitors.
The law protects people who lack mental capacity by requiring that anyone wishing to act for them is formally appointed by the Court of Protection as their deputy. The process is unfamiliar to most families and comes at an already worrying time, but with the right support it is entirely manageable. This article explains what a deputyship order is, when one is needed, how the application works, and what the role involves once an order is made.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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What Is A Deputyship And When Is One Needed?
A deputy is a person appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to make them, whether through dementia, brain injury, stroke, severe learning disability, or serious mental illness. An application for deputyship becomes necessary where the person has lost capacity without having made a valid lasting or enduring power of attorney, because at that stage it is too late for one to be created.
Common situations include an elderly parent with advancing dementia whose bills, savings, and property need managing, an adult child with a lifelong disability reaching eighteen, when their parents’ automatic authority ends, and a relative left without capacity after an accident or illness, particularly where compensation needs to be managed.
What Types Of Deputyships Are There?
There are two types of deputyships. A property and financial affairs deputyship covers money and property, including operating bank accounts, paying for care, claiming benefits and, with the court’s authority, selling property. It is by far the more common appointment. A personal welfare deputyship covers decisions about care and medical treatment, but the court grants these only in limited circumstances, usually where there are ongoing disputes or particularly complex care decisions, preferring otherwise to leave welfare decisions to be made in the person’s best interests by those caring for them, with specific issues referred to the court as they arise.
Who Can Be A Deputy?
A deputy must be over eighteen and is usually a family member or close friend. The court can appoint more than one deputy, acting together or independently, and where no suitable family member is available, or the estate is large or contentious, a professional deputy such as a solicitor can be appointed instead. The court’s concern is that the proposed deputy is trustworthy, capable of managing the responsibilities, and free of conflicts such as personal insolvency.
How Does The Application Work?
The application is made to the Court of Protection on prescribed forms, supported by a capacity assessment completed by a doctor or other suitable professional, together with detailed information about the person’s circumstances and, for financial appointments, their assets and income. Certain people, including the person concerned and close relatives, must be notified so that they have the opportunity to object should they so wish.
Families should be prepared for the process to take several months from application to order. Where something cannot wait, for example, a house sale that must complete or care fees that must be paid, the court can be asked to make an urgent interim order, and our deputyship solicitors will advise whether that is appropriate in your case.
What Does The Role Involve Once You Are Appointed?
Deputies act under the Mental Capacity Act 2005 and must always act in the person’s best interests, taking their wishes and feelings into account, keeping their money entirely separate, and involving them in decisions so far as possible. The court order sets out exactly what the deputy can and cannot do, and some steps, such as selling a jointly owned property or making gifts beyond a modest level, need specific authority.
Deputies are supervised by the Office of the Public Guardian. Deputies must pay an an annual supervision fee. Financial deputies must also take out a security bond, an insurance policy protecting the person’s estate, and must submit an annual report accounting for the decisions made and money spent. These fees and expenses are properly paid from the funds of the person the deputyship protects, not from the deputy’s own pocket.
Is There An Alternative To A Full Deputyship?
Where the person’s only income is state benefits, an appointeeship through the Department for Work and Pensions may be sufficient. Where only a single decision is needed, such as the sale of one property, a one-off order can be sought instead of an ongoing appointment.
How Johnson Astills Can Help
Johnson Astills supports families across Leicester, Loughborough, and the wider county with Court of Protection matters, from preparing and filing the application and evidence through to advising deputies on their duties, annual reporting, and specific decisions after appointment. If someone close to you can no longer manage and you do not know where to begin, get in touch with our deputyship solicitors, and a member of the team will contact you to explain how we can help and put your mind at ease.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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