Court of Protection
- Deputyship FAQs

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Court of Protection - Deputyship FAQs

Many of our clients have similar concerns and questions regarding Court of Protection. We've used our years of experience to answer many of the common queries below.

What are the responsibilities of a Deputy?

The Court of Protection will advise what decisions can and cannot be made. Once appointed, the Order will detail your powers for the person who lacks capacity. If you are in any doubt about your responsibilities you should seek advice from the Office of the Public Guardian.

As Deputy you must always act in the best interests of the person who lacks capacity and you must have regard to the Mental Capacity Act 2005 and the Code of Practice.

If you are appointed as Deputy for Property and Affairs, you will be required to provide the Office of the Public Guardian with an annual report detailing the financial transactions of the person who has lost capacity. You can instruct an experienced solicitor to assist you with preparing the annual report.

How do I appoint myself as a Deputy?

You will need to make an application to the Court of Protection. The process involves providing detailed information relating to the person who has lost capacity.

The procedure can take between 4 to 6 months before an Order is made. If a person has lost capacity, it is important that you start the application as soon as possible, to ensure that there is no delay in dealing with that person’s affairs.

The application process can be detailed and lengthy. You can instruct a solicitor to make the application on your behalf.

What happens if I have lost capacity, as a result of an injury that I’m claiming compensation for?

In this circumstance, case managers may be appointed to assess your situation, including any need for support workers or perhaps the purchase of your property to make your life easier.

It is not unusual for the Court of Protection to have a Professional Deputy appointed to ensure that your well-being and financial matters are taken care of in your best interests. If that is the case, then the costs of having a deputy appointed can be recovered as an item of compensation in your claim.

What types of Order can the Court of Protection make?

There are two types of Deputy Orders.

  • Property and Affairs
  • Personal Welfare - you will need permission from the Court of Protection to apply if you wish to become a personal welfare deputy.

What should I do with the Order?

As Deputy, it is your responsibility to notify all relevant institutions that you have been appointed. You should therefore send the Orders to all banks/building societies, benefits office and any other organisation to prove that you have the authority to act.

Will I receive any support as a Deputy?

The Office of the Public Guardian is responsible for ensuring that a Deputy acts in the best interest of the person who lacks capacity. They will set a level of support and supervision based on assessment of each individual case.

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