The Court of Protection appoints deputies to act in relation to the property and affairs or health and welfare needs of soneone who lacks capacity.

Deputies are usually appointed where there are no Lasting or Enduring Powers in place. The process is notoriously involved and can be expensive especially if there is a dispute between family members.

The Court of Protection is reluctant to appoint deputies in relation to Health & Welfare. They prefer to deal with such matters on a decision by decision basis.

Deputies must act under the terms of the court order and not exceed their scope of powers. If a deputy wishes to do something which is not authorised by the court order they will need to make a separate application for permission to the Court of Protection.

Deputies are supervised and monitored by the Office of the Public Guardian. In its simplest form this involves the deputy providing annual accounts for checking. There is also an annual charge levied by the Office of the Public Guardian for providing such supervision.

We provide advice, guidance and support to help you with making an application to appoint a deputy. Once appointed we help deputies carry out their role.