Legal guidance on who can apply to be a deputy and what a deputy’s responsibilities are.
A deputy is appointed by the Court of Protection when someone lacks capacity and needs help to make decisions.
Deputies can be appointed to deal with property and finance and/or personal welfare,
To become a deputy you must be 18 or over.
In most cases deputies are close relatives or friends of the person lacking capacity.
A property and financial affairs deputy should possess the requisite skills to be able to make financial decisions.
The Court of Protection is able to appoint more than one deputy for the same person. When this happens the court will specify how decisions will be made. Sometimes decisions will need to be taken jointly, with all deputies agreeing on the decision. In other cases deputies will be entitled to make decisions separately.
Some deputies are professional people who are paid to act in that capacity. Court of Protection Solicitors are often appointed as professional deputies and specialist lawyers in our North Devon offices are always willing to act.
When a deputy makes a decision they must ensure that it is taken in the other person’s best interests. Where appropriate a deputy should seek professional advice and again we are always willing to act as adviser to a deputy to ensure that the Court of Protection guidelines are not breached.
Obviously, a deputy must not seek to take personal advantage. They are not permitted to make gifts (unless the Court authorises them to do so) and they must not hold the other person’s money or property in their own name.
A deputy is not entitled to make a will for the other person; nor are they permitted to change an existing will.
It should be noted that deputies found guilty of intentionally mistreating or neglecting the other person can be fined or imprisoned for up to five years.
Further details of who is entitled to apply to be a deputy and what their responsibilities are can be found on our dedicated Court of Protection website, www.courtofprotectionlawyers.co.uk.
