What is Deputy? How do I become one?
You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.
People may lack mental capacity because, for example:
they’ve had a serious brain injury or illness
they have dementia
they have severe learning disabilities
As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf.
Types of deputy
There are 2 types of deputy:
1. Property and financial affairs deputy
You will do things like pay the person’s bills or organise their pension.
2. Personal welfare deputy
You will make decisions about medical treatment and how someone is looked after. You cannot become someone’s personal welfare deputy if they’re under 16. Get legal advice if you think the court needs to make a decision about their care. The court will usually only appoint a personal welfare deputy if:
there’s doubt whether decisions will be made in someone’s best interests, for example because the family disagree about care
someone needs to be appointed to make decisions about a specific issue over time, for example where someone will live
Becoming a deputy
You can apply to be just one type of deputy or both. If you’re appointed, you’ll get a court order saying what you can and cannot do.
When you become a deputy, you must send an annual report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made.
How to apply
Check you meet the requirements to be a deputy.
Send the application forms to the Court of Protection and pay the application fee.
You do not need to be a deputy if you’re just looking after someone’s benefits. Apply to become an appointee instead.
Checks on your application The Court of Protection will check:
whether the person needs a deputy or some other kind of help
there are no objections to your appointment
If you’re appointed, the Office of the Public Guardian will help you carry out your responsibilities.
You’ll continue to be a deputy until your court order is changed, cancelled or expires.
Other ways to make decisions for someone
If you want to make a single important decision, you can apply to the Court of Protection for a one-off order.
If the person already has a lasting power of attorney (LPA) or enduring power of attorney (EPA), they do not usually need a deputy. Check if they have an LPA or EPA before you apply.
For initial advice about Estate Planning including Lasting Powers of Attorney, Wills, Trusts and Probate; call our team on 0203 488 7503, 01992 236 110 or contact us by email at email@example.com or via our website www.walshwestcca.com and we will help you.