Deputyship is the appointment of one or more people to look after the affairs of someone who doesn’t have mental capacity. A Deputyship Order can be for either Property and Financial Affairs or for Personal Welfare. Personal Welfare Deputyships are very rare and will only be granted in particular circumstances.
A Deputy is the name for the person managing the affairs of the person who has lost capacity. They have a similar role to an Attorney (see Lasting Powers of Attorney).
A Deputyship is ordered by the Court of Protection and is made when the person who has lost capacity didn’t make a Power of Attorney. This might have been because they didn’t want to, didn’t get around to doing it, or have never had the capacity to make one. Sometimes a Deputyship is needed because the Power of Attorney is incorrect or the Attorney is unable to act due to ill health or death.
A Deputyship provides very similar powers to a Lasting Power of Attorney, although there are some very slight differences.
A Deputyship takes longer than a Lasting Power of Attorney to create because the Court must be sure that they are doing the best thing for the person who has lost capacity. Often, the person who has lost capacity cannot tell the Court who they want to appoint which is naturally more difficult than a Lasting Power of Attorney.
People over 18 who are financially responsible should be able to become a deputy. If there is no one who would like to take on the responsibility of being a Deputy, a solicitor or the Council can take on the responsibility for you.
People under 18.
If someone wants to be appointed as a Deputy and they have been made bankrupt or subject to an IVA, they will need to tell the Court and provide information. They are not barred from acting, but the Court may ask a few more questions to ensure the person is suitable.
If someone wants to be appointed as a Deputy and they have been convicted of a crime, they will need to tell the Court and provide information. As with bankruptcy, they are not barred from acting, but the Court may ask a few more questions to ensure the person is suitable. Their decision is likely to depend on the nature of the crime.
The Office of the Public Guardian oversees active Deputyship orders.
If you would like to discuss a new or existing Deputyship, call the Court of Protection team on 0116 212 1000
Our skilled and highly qualified solicitors are experts in supporting the vulnerable and their relatives with legal advice and Court of Protection procedures, ensuring an individual’s financial affairs and health and wellbeing needs are secure and appropriate for the long term.
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