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FAQs
Find answers to common questions about Deputyship, professional Attorneyship, referrals and the options available to you.
To become a Deputy, you must submit an application to the Court of Protection. This includes providing information about the person who lacks capacity, obtaining a capacity assessment, and explaining why a deputyship order is needed. The Court will consider whether deputyship is in the person’s best interests and who is best placed to act. Once appointed, Deputies are supervised by the Office of the Public Guardian (OPG).
A Deputy is responsible for managing another person’s affairs in their best interests and in accordance with the Mental Capacity Act 2005. Duties may include managing bank accounts, paying bills, claiming benefits, dealing with property, keeping accurate financial records, and ensuring funds are used to support the individual’s needs and wellbeing. Deputies must also comply with any requirements set by the Court and the OPG.
A Deputy can be a family member, friend, professional adviser or organisation. The Court of Protection will consider whether the proposed Deputy is suitable, able to act in the person’s best interests, and capable of managing the responsibilities involved. In some cases, the Court may appoint an independent professional Deputy where there are complex circumstances, safeguarding concerns, or no suitable family member available.
When considering a deputyship application, the Court will look at whether the person lacks capacity to manage their affairs, whether deputyship is necessary, and who is best placed to act. The Court’s primary concern is the individual’s best interests. It will also consider factors such as safeguarding concerns, family circumstances, the complexity of the person’s affairs, and whether the proposed Deputy can act independently, appropriately and responsibly.
You can make a Lasting Power of Attorney (LPA) at any time, provided you are aged 18 or over and have the mental capacity to understand the document and the powers being granted. Many people choose to put an LPA in place as part of future planning, ensuring that someone they trust can manage their affairs if they become unable to do so themselves.