What is a Court of Protection deputyship?

When a person is no longer able to make decisions for themselves due to a lack of mental capacity, legal arrangements must be put in place to support their best interests. One such arrangement is a Court of Protection deputyship. This legal status gives an appointed deputy the authority to make decisions on behalf of someone who cannot do so independently, often due to conditions such as dementia or a brain injury. It’s a vital process for safeguarding a vulnerable individual’s financial or personal welfare.

Role and responsibilities of a deputy

There are two main types of deputyship. A property and financial affairs deputy manages financial matters such as paying bills, handling pensions, or making decisions about investments. A personal welfare deputy, less commonly appointed, deals with healthcare and day-to-day wellbeing – decisions about medical treatment or care arrangements, for instance.

To be appointed, the deputy must apply to the Court of Protection, which reviews whether the individual lacks capacity and whether the applicant is suitable. If approved, a court order is issued specifying what decisions the deputy can and cannot make. Deputies must act in the individual’s best interests and submit an annual report to the Office of the Public Guardian, outlining the decisions they’ve made and how finances are managed.

If a lasting power of attorney – LPA – or enduring power of attorney – EPA – was set up before capacity was lost, deputyship is usually not required. More information on how powers of attorney work can be found on the NHS website.

Alternatives and application

Arranging an LPA is typically the preferred route. However, if no such arrangement exists, deputyship may be the only option. While it is possible to apply independently, some opt to use professional power of attorney online services,such as https://powerofattorneyonline.co.uk/, who can help guide applicants through the process.

Deputyships are subject to court supervision and can be changed or revoked if circumstances shift. Whether managing finances or care, deputies play a vital role in protecting those who are no longer able to make key decisions for themselves.