When someone loses their ability to make decisions for themselves due to illness, injury or loss of mental capacity, a loved one would ordinarily have a Lasting Power of Attorney (LPA) and be empowered to act on their behalf either temporarily or permanently. However, there are many circumstances like this when there isn’t an existing LPA in place, and this is when the Court of Protection steps in to appoint a Deputy.
In this blog we will outline the duties and responsibilities a Deputy takes on, as well as the legal implications of the role. It is important that new Deputies know when and how to seek legal advice. It is often the best way to ensure they act within the law and avoid any unpleasant legal consequences resulting from lack of awareness or preparation.
At Merriman Solicitors we understand that taking on a Deputy’s role can be daunting, and it often comes at a time of personal upheaval if a loved one loses capacity unexpectedly. That’s why our experienced and friendly Court of Protection specialist solicitors are here to help. Get in contact with us today so that we can begin supporting you.
What is a Deputy and what is the Court of Protection?
The Court of Protection is a specialist UK court that deals with matters relating to people who lack the mental capacity to make certain decisions for themselves. This includes decisions about their health, welfare, property and finances. A Deputy is someone appointed by the Court of Protection to make decisions on behalf of a person who lacks capacity and does not have a valid LPA in place. Deputies are granted legal authority through a court order and are bound by the law (Mental Capacity Act 2005) to act in the individual’s best interests when making decisions for them. Deputies can be family members, close friends, or professional deputies such as solicitors.
What is the difference between a Deputy and Attorney?
The difference is that a Deputy is appointed by the Court of Protection after an individual loses capacity, whereas an Attorney is appointed whilst the individual still has capacity as part of a Lasting Power of Attorney arrangement (LPA).
If you are considering arranging an LPA for yourself, don’t hesitate. It is the best way to ensure that should you ever lose capacity to make your own decisions, you have someone that you have chosen ready and prepared to take over for you. Whilst the Court of Protection will ensure that you are looked after by someone suitable, having an LPA in place is the only way to ensure that your wishes are upheld, should you not be able to make your own decisions. Contact Merriman Solicitors today to begin the process.
When is a Deputy appointed?
The Court of Protection appoints a Deputy when someone loses capacity to make decisions and does not have an LPA in place. Common reasons for losing capacity include:
- Dementia or Alzheimer’s disease
- Brain injury or stroke
- Being in a coma
- Mental health conditions
In the absence of an LPA, the Court of Protection steps in to ensure that decisions can still be made lawfully by someone else in the person’s best interests. The court chooses the best candidate to become Deputy out of the individual’s family and friends and grants them special powers to make decisions on their behalf.
Types of Court of Protection Deputies
There are two different types of Deputy that the Court of Protection may appoint.
Property and Financial Affairs Deputy
This is the most common type of Deputy. They manage:
- Paying bills
- Managing bank accounts
- Handle any investments
- Can handle selling the person’s property if needed but they need additional approval to do this.
Health and Welfare Deputy
These are less common, and are only typically appointed for individuals with complex and ongoing issues. They manage decisions around:
- Care arrangements
- Where the person lives
- Medical treatment
- The person’s welfare
In more complicated and high-value cases where the individual has significant personal wealth or business interests, the court may opt to appoint a professional deputy such as a solicitor.
What are the responsibilities of a Court of Protection Deputy?
Managing financial matters
A Deputy is responsible for paying bills and collecting income for the individual. They should aim to maintain financial stability and not allow debt to build up. They are responsible for making decisions around any investments too.
Keeping up to date and accurate records
The Deputy should keep evidence of income and expenditure on behalf of the individual and submit any paperwork as part of an annual report for the Court of Protection.
Following the Mental Capacity Act
The Mental Capacity Act outlines responsibilities such as:
- Consulting with the individual where possible
- Restricting their freedom as little as possible
- Always acting within the person’s best interests
Acting within the law
The Court of Protection will dictate the scope of the Deputyship, and the person appointed to that role should stay within this remit, and not take action on behalf of the individual on issues outside of their lawful influence.
The process of applying to become a Deputy
To apply to become a Deputy, you must submit a formal application to the Court of Protection. You must provide evidence that the person you are applying to become a Deputy for lacks mental capacity, and that you are the most appropriate person to make decisions for them. The process is complex and involves extensive legal paperwork. Take a look at our dedicated Court of Protection and Deputyship page or the UK government website for more information about the process.
A Deputyship application can typically take between four and six months to complete but the exact timeline depends on the complexity of the case, whether you need to attend a hearing and the accuracy of your initial application. In any circumstance, working with a solicitor can help avoid unnecessary delays by ensuring the application is correctly prepared and submitted the first time. Get in touch with Merriman Solicitors to find out how we can streamline your application and support you every step of the way.
Common challenges Deputies face (and how to navigate them)
Becoming a Deputy is rewarding but is a big responsibility and Deputies often face challenges related to the following aspects of the role:
- Navigating family conflicts: There are often disagreements over who the Deputy should be when there are multiple candidates within the individual’s family or close circle. The Deputy when they are appointed may also make decisions that other interested parties may disagree with and this can cause conflict.
- Uncertainty about legal responsibilities and limitations: The Court of Protection outlines the Deputy’s remit of responsibility and there are legal consequences for going beyond this.
- Record keeping: Collecting the correct documentation and presenting it properly for the annual reporting to the Office of the Public Guardian requires thoroughness and attention to detail.
Working with an experienced solicitor helps ensure compliance with the law and can relieve much of the administrative and emotional pressure. At Merriman Solicitors, our experienced team provides expert legal support for every aspect of the Deputyship role: from applying to the Court of Protection to ongoing guidance and compliance. We can:
- Help you understand and stay within your legal responsibilities.
- Advise on difficult family dynamics and how to manage disputes.
- Support you with annual reporting, record keeping, and communication with the Office of the Public Guardian.
Contact Merriman Solicitors today to speak to one of our specialist Court of Protection solicitors and find out how we can support you.
What if a Deputy fails to act in your best interests?
Deputies are legally bound to make decisions for the benefit of the person they are appointed to be a Deputy for. The Office of the Public Guardian (OPG) oversees their actions and investigates complaints or concerns.
If you believe a Deputy is acting improperly, you can:
- Report concerns directly to the OPG.
- Apply to the Court of Protection to have the Deputy’s powers restricted or removed.
The court can investigate, order audits, and even replace the Deputy if needed. Deputies must be transparent, accountable, and able to justify their decisions.
What powers does the Court of Protection have?
The Court of Protection has extensive authority over matters affecting individuals who lack capacity. This includes the power to:
- Make one-off or ongoing decisions on someone’s behalf.
- Appoint, supervise and remove Deputies.
- Resolve disputes between family members or professionals.
- Issue emergency or interim orders when urgency is needed.
- Override or limit a Deputy’s decisions if the decisions are not in the individual’s best interest.
When should you seek legal help for a Court of Protection matter?
While it’s possible to apply for Deputyship without legal representation, working with an experienced solicitor is highly recommended in almost every case. Court of Protection matters are complex, sensitive, and legally binding – even a small mistake can lead to serious delays, rejected applications, or unintended breaches of duty.
You should definitely seek advice if:
- The person’s finances are complex.
- You are unsure how to act within your role.
- Professional Deputyship may be more appropriate.
Even in more straightforward cases, having legal guidance ensures your application is completed accurately, the correct documentation is submitted, and your legal responsibilities are fully understood. It also gives you peace of mind knowing that you’re acting in the person’s best interests, and in full compliance with the Mental Capacity Act 2005.
Conclusion
Acting as a Court of Protection Deputy comes with important legal duties – from making financial decisions to submitting detailed reports. It’s a role that must be carried out with care, clarity, and respect for the person’s best interests.
At Merriman Solicitors, we have extensive experience guiding families and professionals through Deputyship appointments and responsibilities. Whether you’re applying to become a deputy or navigating a complex situation, we’re here to help.
To begin the process, you can learn more about the Court of Protection and Deputyship application process or contact us directly to get advice from one of our friendly and experienced solicitors.
