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What is Deputyship?

Deputyship is a legal appointment made by the Court of Protection when someone has lost mental capacity and does not have a valid lasting power of attorney in place.

When is Deputyship needed?

Deputyship is necessary when a person has already lost capacity and no LPA or EPA is in place. Without deputyship or authorised attorneys, no one has the legal authority to make decisions on behalf of the individual.

Deputyship should always be a last resort, as the individual has no say in who is appointed or how decisions are made.

Types of Deputyship:

There are two types of deputyship, but both offer less flexibility, greater cost, and more court involvement than an LPA.

  1. Property and Financial Affairs. Allows the deputy to manage the person's finances, much like a Property and Financial Affairs LPA. However, the key differences are:
    • The deputy is appointed by the courts, not chosen by the individual.
    • All powers are defined and limited by the court order.
    • The deputy must submit annual reports and accounts to the Office of the Public Guardian.
    • A security bond (insurance policy) is usually required to protect the person's estate if the deputy fails to act correctly.
    • Certain actions, like gifting or selling property, will likely need court approval.
  2. Health and Welfare. Allows the deputy to make decisions about care, living arrangements, and medical treatment, but only in very limited circumstances. However, unlike Health & Welfare LPA, where attorneys have broad authority, a deputy:
    • Will usually only be appointed if there is a serious dispute or safeguarding concerns.
    • May be given narrow, issue-specific powers (e.g. deciding where someone lives but not medical treatment)
    • Is unlikely to be granted general ongoing welfare authority.

Gaining deputyship over property and financial affairs is far more common than health and welfare, as these powers are very rarely granted.

Who can be a Deputy?

The Court of Protection decides who should be appointed as a deputy, based on the best interests of the person who has lost capacity. Examples may include:

  • Family members or close friends.
  • Professionals, such as a solicitor.
  • Local authority representatives, if no one suitable is available.

Deputies must:

  • Be over the age of 18.
  • Have mental capacity themselves.
  • Pass the court's suitability checks.
  • Be willing to take on ongoing responsibility and reporting duties.

Similar to attorneys, more than one deputy can be appointed, and they can be instructed to act jointly or jointly and severally, depending on the court's order.

A deputy cannot be:

  • Someone declared bankrupt.
  • Someone with a history of fraud, abuse, or financial misconduct.
  • A person who is unwilling or unable to fulfil the role.

The court may also refuse a deputy if there's a family conflict, a conflict of interest, or evidence they may not act in the person's best interests.

Deputyship process:

Deputyship must be applied for through the Court of Protection, and includes:

  • Submitting detailed application forms.
  • Providing medical evidence of incapacity.
  • Paying application and supervision fees.
  • Passing suitability checks.

Deputyship is not just a slower and more expensive process than an LPA, it's often too late. The harsh reality is that some individuals don't survive the court process.

Deputyship vs LPA

  Deputyship Lasting Power of Attorney
When it's made After the donor has lost capacity. While the donor still has mental capacity.
Decision maker Court of Protection. Chosen freely by the donor.
Application fee £371 per deputyship type. £82 per LPA (or £41 with fee discounts).
Medical evidence A professional mental capacity assessment must be submitted, and can cost around £500. Not required unless the donor's capacity is in doubt.
Insurance Mandatory for managing property and finances. Paid anually from the donor's estate. None.
Ongoing supervision Mandatory with annual reports, accounts, and possible visits from the OPG. £35 - £320 anually, depending on supverision required, and paid from the donor's estate. None.
Time to process ~4-6 months, sometimes longer depending on circumstances. ~8-12 weeks.
Complexity Involves court paperwork, declarations, and possible objections. Only needs proper signing and registration process.
Flexibility Powers and scope are limited by the courts. More control. The donor chooses attorneys, powers and resitrctions.