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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 those decisions themselves.
Depending on the terms of the Court’s order, a Deputy may be authorised to managing a person's property and financial affairs or making decisions about their personal welfare.
Unlike a Lasting Power of Attorney (LPA), which is put in place while a person still has mental capacity, a Deputyship is typically required where capacity has already been lost, and no LPA is in place.
Deputyships are commonly used in situations involving individuals with conditions such as dementia, brain injuries, or other illnesses that affect decision-making ability, where support is needed to manage finances, property, or important welfare matters.
The Court of Protection determines the scope of the Deputy’s powers and responsibilities. Deputies are subject to ongoing supervision and must always act in the best interests of the person they are appointed to support.
What is the difference betweena Lasting Power of Attorney and a Deputyship?
A Lasting Power of Attorney is a legal document created by an individual while they still have mental capacity. It allows them to appoint one or more trusted people (known as attorneys) to make decisions on their behalf should they lose capacity in the future.
A Deputyship, by contrast, is arranged through the Court of Protection after a person has already lost mental capacity. In these cases, a family member, friend, or professional must apply to the Court to be appointed as a Deputy.
An LPA is generally considered the preferable option because:
- The individual retains control over who they appoint to act for them
- It can be put in place proactively, avoiding future uncertainty
- It is typically more cost-effective
- It involves less ongoing court supervision
Why would someone need a Deputyship?
A Deputyship may be necessary where a person no longer has the mental capacity to make their own decisions and has not previously set up a Lasting Power of Attorney or Enduring Power of Attorney.
In these situations, there may still be important decisions that need to be made, such as:
- Managing income, savings, and investments
- Accessing or administering benefits and pensions
- Selling or managing property and assets
- Paying care fees and everyday expenses
- Making certain welfare or healthcare decisions
Without a Deputyship, there maybe no legal authority to manage these matters on the person’s behalf.
What types of Deputyship are available?
There are two main types of Deputyship:
1. Property and Financial Affairs Deputyship
This is the most common type and covers decisions relating to financial matters, including:
- Managing bank accounts and paying bills
- Handling income, pensions, and benefits
- Dealing with investments and savings
- Buying or selling property
- Ensuring care fees and living costs are met
2. Personal Welfare Deputyship
This type relates to decisions about a person’s health and personal welfare, such as:
- Choosing care arrangements or accommodation
- Making decisions about medical treatment
- Considering day-to-day wellbeing and support
Personal Welfare Deputyships are less frequently granted, as many everyday care and medical decisions can already be made by professionals under existing legal frameworks, provided they act in the person’s best interests.
Can a Deputy sell a property?
A Property and Affairs Deputy maybe granted authority by the Court of Protection to make decisions relating to an individual’s financial affairs, including dealing with property. This can extend to buying or selling real estate where appropriate.
However, a Deputy’s powers are not unrestricted. They must act strictly within the authority set out in the Deputyship Order. If the Order does not expressly permit the sale of property, the Deputy may need to seek further approval from the Court before proceeding.
Who can be a Deputy?
Any individual aged 18 or over can apply to the Court of Protection to be appointed as a Deputy.
In practice, the Court will often appoint someone who knows the individual well, such as a spouse, partner, or close family member. However, where there is no suitable person willing or able to take on the role, the Court may appoint a professional Deputy, such as a solicitor, or a local authority to act on the individual’s behalf.
Who cannot be a Deputy?
Anyone applying to become a Deputy is required to disclose any criminal convictions and details of any bankruptcy or financial arrangements to the Court of Protection.
While having a conviction or financial issues does not automatically prevent an appointment, the Court will carefully consider these factors. Depending on the nature and seriousness of the circumstances, the application may be refused if the Court is not satisfied that the individual is suitable to act as a Deputy.
What powers does a Deputy have?
A Deputy’s powers are determined by the Court of Protection and are clearly set out in the Deputyship Order.
The Court may grant broad authority to manage an individual’s affairs, or it may impose specific limitations depending on the circumstances. As a result, certain decisions - particularly those of a more significant nature - may require the Deputy to seek further approval from the Court before taking action.
What decisions can a Deputy make?
The decisions a Deputy can make will depend on the type of Deputyship in place and the specific powers granted by the Court of Protection.
These decisions may include:
- Managing income, pensions, and benefits
- Operating bank accounts and overseeing investments
- Buying or selling property (where authorised)
- Making decisions about health and welfare (if appointed as a Health and Welfare Deputy)
- Arranging and managing care and support needs
The scope of these responsibilities will always be guided by the Deputyship Order, and Deputies must act in the individual’s best interests at all times.
How long does a Deputyship last?
A Deputyship will generally remain in place for as long as it is needed. In most cases, it will continue until one of the following occurs:
- The individual who lacks capacity passes away
- The individual regains capacity to make their own decisions
- The Deputyship Order expires (if it was granted for a fixed period)
- The Court of Protection discharges the Order
- The Deputy steps down, with the Court’s approval
The Court of Protection retains ongoing supervision of Deputies and may review or vary the Order if circumstances change.
Can a Deputy make any decision they want?
No. A Deputy cannot make decisions freely or without restriction. They must always act within the authority granted by the Court of Protection and comply with the principles set out in the Mental Capacity Act 2005.
Any decision made on behalf of an individual must be in their best interests. In addition, a Deputy must consider all available options and choose the least restrictive course of action, ensuring that the individual’s rights and freedom are interfered with as little as possible.
What responsibilities does a Deputy have?
A Deputy has a number of important legal responsibilities and must always act in accordance with the Mental Capacity Act 2005 and the directions of the Court of Protection. Their duties include:
- Acting at all times in the best interests of the individual
- Following the principles set out in the Mental Capacity Act 2005
- Complying with the Court’s supervision and reporting requirements
- Obtaining and maintaining a security bond where required
- Keeping accurate financial records and submitting annual reports and accounts to the Office of the Public Guardian
These responsibilities are intended to ensure that the Deputy acts transparently, responsibly, and in a way that protects the individual’s interests.
Need Help?
If you need advice about applying for a Deputyship, managing the affairs of someone who has lost mental capacity, or understanding your legal options, our experienced Private Client team is here to help.
At Burtons Solicitors, our team of solicitors provide clear, practical advice tailored to your individual circumstances, guiding you through the Deputyship process and helping you understand the responsibilities involved.
To speak with one of our solicitors, complete our online enquiry form, call your nearest Burtons Solicitors office, or email us.
With offices in Pembury, Bexley, Chatham, Hailsham and Walderslade, our solicitors support clients across Kent, London and East Sussex with a wide range of Private Client services, including Deputyships, Lasting Powers of Attorney, Wills, Trusts and Probate.
We're here to help you take the next step with confidence.
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