What is a Court of Protection Deputy?

This is a person appointed to make decisions for a person who is unable to make those decisions because they lack the mental capacity to do so.

What’s the difference between a Property and Affairs Deputy and a Health and Welfare Deputy?

A Property and Affairs Deputy can only make decisions about matters of a financial nature. A Health and Welfare Deputy can only make decisions about health and welfare issues, such as deciding where someone lives and the care and treatment that they receive. The appointment of a Health and Welfare Deputy is unusual; it generally happens when all other options have been explored.

Who can be a Court of Protection for Property and Affairs Deputy?

Anyone can act as a Deputy. It could be a family member or friend of the person unable to make decisions. It can also be a professional person such as a lawyer. In complex cases particularly those involving large awards of damages the Court may prefer to appoint a professional Deputy.

In situations where there is no one able, suitable or wiling to act, the Court of Protection will appoint a lawyer from its professional panel. QualitySolicitors include members of the Court of Protection specialist panel.

What powers will the Deputy have?

Only those which are set out in the order appointing the Deputy or in a later orders which the Court make. The powers will vary depending on the individual needs of the incapacitated person.

Does the Deputy have complete control over the person’s affairs?

No the Deputy must abide by the Court’s orders. They must also work within the rules set out in the Mental Capacity Act 2005 and the Code of Practice that accompanies the act.

Are Deputies supervised?

Yes. The Court of Protection sets the level of supervision, which may range from none to ‘close supervision’. The Public Guardian then supervises the Deputy. The Public Guardian can call on the Deputy to account for their actions at any time. The Deputy must also file a financial account with the Public Guardian on an annual basis.

Are Deputies insured?

All Deputies must have what is known as a ‘security’. The Court sets the level of the security. The usual way of arranging this security is through an insurance policy. The policy is renewed annually and the premium is paid from the funds, which the Deputy looks after.

Will the Deputy have to show their fitness to act?

The Deputy must make a Declaration to the Court, that they will -

• Provide personal information. This includes their employment status and whether they have been convicted of a criminal offence.
• Provide details of their personal circumstances. This includes answering questions about being refused credit, having outstanding judgment debts and being bankrupt.
• Provide personal undertakings. These include agreeing to act with due care and diligence and not using their position to personal benefit. They must also maintain confidentiality, regularly visit the incapacitated person and keep accounts.
• Provide a personal statement setting out their reasons for wanting to act as Deputy.
• Make a declaration that all the information given is true.

This is just some of the information and commitment that the Court requires of the Deputy.

How long will the Deputy stay?

If the incapacitated person recovers capacity, then the Deputy can be discharged. Otherwise, their role will end on death of either party or if the Deputy chooses to retire.