Looking After a Loved-one's Affairs: What is a Deputy?

A deputy is a person appointed by the Court of Protection to step into the shoes of the person who lacks capacity. They then make decisions for them that are in their best interests.

If someone is not able to make day-to-day decisions about their affairs on a long term basis, a deputy can be appointed. If they do not have capacity to make a Lasting Power of Attorney, then an application to the Court of Protection may need to be made for a deputy to be appointed to make those decisions for them.

The people appointed are often family members or friends. If these people don’t want to act, or if it’s inappropriate, sometimes a professional can be appointed. Such professionals include solicitors.

A deputy performs the same duties as an attorney, however, they are appointed by the court. Therefore, they are much more closely supervised.

There are two types of deputies. One for those who manage a person’s property and financial affairs, and another for those who make decisions about someone’s health and welfare.

Who can be a deputy? 

Anyone over the age of 18 who has capacity can apply to the court to be a deputy of a friend or loved one.

The court typically prefers the appointment of a family member or close friend. These are usually the people who make such applications. However, there is no legal order of preference as to who should be appointed. Different skills are required in every case to suit individual circumstances. 

When considering an application for a deputy to be appointed, the court must consider the best interests of the person who lacks capacity. It must carefully consider the suitability of the proposed deputy.

The court, amongst other things, will consider whether the proposed deputy is trustworthy and reliable. It will also consider whether they have the appropriate level of skills and competence to properly manage the affairs of the person who lacks capacity. For example, if the person who lacks capacity has received a significant amount of money from a personal injury claim, the court would need to be satisfied that the proposed deputy has the sufficient literacy skills and/or support from others in order to properly manage these funds.

Can I become appointed if I live abroad?

Whilst the court was previously reluctant to appoint deputies who live outside of England and Wales, modern technology has made this much less of an obstacle than it used to be. The court is more accepting of such appointments. 

In one case, the court appointed a daughter who lives in the USA to act as a deputy. This decision was over a niece who lived close to the person to whom the application related.

Can someone else act with me?

An application can be made for 2 or more deputies to be appointed to act on behalf of someone who loses capacity. 

If the court makes such an appointment they will order that the deputies act either jointly or jointly and severally. If appointed jointly, then the deputies must act together to make all decisions. Conversely, those appointed jointly and severally can make decisions independently and together. This affords more flexibility and can be more practicable on a day to day basis.

For further advice, or if you would like to be appointed as your loved one’s deputy, contact our specialist Court of Protection team. 

I can be contacted: [email protected].