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Deputy

Also known as: Court-Appointed Deputy

Definition

A deputy is a person or organisation appointed by the Court of Protection to make decisions on behalf of someone who lacks mental capacity and doesn't have a lasting power of attorney in place.

Understanding deputies is crucial because if you lose mental capacity without an LPA, the Court of Protection decides who makes decisions for you—not you or your family.

What Does Deputy Mean?

Under the Mental Capacity Act 2005, the Court of Protection appoints deputies to make decisions for people who lack capacity and haven't created a lasting power of attorney. There are two types: property and financial affairs deputies (common) and personal welfare deputies (rare). Deputies must be at least 18 years old, consent to their appointment, and the court decides who to appoint—often a family member, friend, or professional solicitor.

The application process costs £421 (as of April 2025) and typically takes 3-4 months. This compares to just £82 to register an LPA. Once appointed, deputies face ongoing supervision by the Office of Public Guardian and must submit annual reports. Sarah's mother developed dementia without an LPA, so Sarah applied to become deputy—paying £421, waiting 4 months, and now submitting annual financial reports to the OPG.

Deputies have important restrictions under Section 20 of the Mental Capacity Act. They cannot make decisions if the person actually has capacity for that specific matter. Certain decisions always require court permission, such as marriage or voting. Personal welfare deputies are only appointed when family disputes exist—courts prefer families to make care decisions together. Professional deputies may be appointed when no suitable family members are available or when estates are complex. All costs are paid from the incapacitated person's estate.

Common Questions

"What's the difference between a deputy and an attorney under a lasting power of attorney?" An attorney is appointed by you in advance through a lasting power of attorney while you have mental capacity. A deputy is appointed by the Court of Protection after you've lost capacity and don't have an LPA in place. Deputies face more restrictions, ongoing court supervision, and higher costs (£421 application fee vs £82 LPA registration).

"Can I choose who becomes my deputy if I lose mental capacity?" No, you cannot choose your deputy—the Court of Protection decides who to appoint, which may not be the person you would have chosen. This is why creating a lasting power of attorney while you have capacity is strongly recommended, as it allows you to choose your attorneys yourself.

"What types of decisions can a deputy make on my behalf?" Most deputies are appointed for property and financial affairs (paying bills, managing pensions, selling property). Personal welfare deputies for health and care decisions are rare and only appointed when there's doubt decisions will be made in someone's best interests, such as when family members disagree about care.

Common Misconceptions

Myth: A deputy and an attorney under a lasting power of attorney are basically the same thing.

Reality: While both make decisions for someone lacking capacity, they differ fundamentally. You choose attorneys in advance through an LPA (£82, no court supervision). The court chooses deputies after you lose capacity (£421, annual reports required). Most importantly, you select your attorneys but the court selects your deputy.

Myth: If I need a deputy, my family can just decide among themselves who it should be.

Reality: The Court of Protection decides who to appoint based on applications received—families cannot simply agree. The court assesses suitability, considers objections, and makes the final decision. This takes months and costs hundreds of pounds. Family disagreements can lead to court disputes and delays.

  • Court of Protection: The specialist court that appoints and supervises all deputies under the Mental Capacity Act 2005.
  • Mental Capacity: The legal threshold for deputyship—deputies are only appointed when someone lacks capacity to make specific decisions.
  • Lasting Power of Attorney: The proactive alternative to deputyship that lets you choose your attorneys in advance while you have capacity.
  • Attorney: A person appointed via LPA who performs similar decision-making roles but with more flexibility and less supervision.
  • Office of Public Guardian: The government body that supervises deputies through annual reporting requirements and investigations.

Need Help with Your Will?

Understanding deputies highlights why comprehensive estate planning is essential. While lasting powers of attorney are separate documents, they work alongside your will to ensure someone you trust can act on your behalf if needed.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.