1 Jul 2026
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If an individual lacks the capacity to make decisions for themselves, it can be overwhelming to know what steps to take. In England and Wales, the Court of Protection can appoint a Deputy to make decisions on behalf of someone who lacks mental capacity.
A Deputy is a person appointed by the Court of Protection to make decisions for someone who is unable to make decisions for themselves due to a lack of mental capacity.
Mental capacity refers to the ability to make a specific decision at the time it needs to be made. A person may lack capacity due to a variety of conditions such as dementia, brain injury, learning disability, or serious illness.
There are two main types of Deputy:
1. Property and Financial Affairs Deputy
2. Health and Welfare Deputy
Health and welfare deputies are only appointed where ongoing decisions cannot be resolved in other ways.
A Deputy is usually needed when a person has lost mental capacity, and they did not make a Lasting Power of Attorney (LPA) beforehand.
If an LPA or Enduring Power of Attorney (EPA) already exists, the Court will not usually appoint a Deputy.
Deputyship is therefore a fallback legal solution when no prior arrangements are in place.
Deputies can be:
The Court will only appoint someone it considers suitable and capable of acting in the person’s best interests.
You must apply to the Court of Protection and provide details about the person lacking capacity, evidence of lack of capacity (medical assessment), and information about their finances or care needs.
Family members and interested parties must usually be informed of the application.
The Court considers:
If approved, the Court issues an order confirming the Deputy’s powers and any restrictions.
Property and financial deputies will need to obtain a security bond to protect the person’s assets.
Once appointed, the OPG supervises the Deputy and provides guidance.
Being a Deputy is a significant legal responsibility. Deputies must:
Act in the person’s best interests
All decisions must comply with the Mental Capacity Act 2005, including:
Stay within their authority
A Deputy can only make decisions authorised by the Court Order.
Manage finances responsibly (if applicable)
Keep accurate records
Deputies must:
Avoid conflicts of interest
Deputies must not benefit personally unless authorised.
Yes, record-keeping is essential.
Deputies are required to:
This is not just best practice, it is necessary to comply with OPG reporting requirements and demonstrate that decisions were made appropriately.
No as a Deputy’s powers are limited. A Deputy can only act within the scope of their Court Order and must seek Court approval for major decisions (e.g. selling property or making large gifts).
A Deputy cannot act outside their authority, ignore the person’s wishes, or make decisions for convenience rather than best interests.
This ensures appropriate safeguards are in place to protect vulnerable individuals.
Deputies are supervised by the Office of the Public Guardian (OPG).
Level of supervision
Supervision depends on:
Ongoing requirements
Deputies must:
Intervention powers
If concerns arise, the Court can:
| Deputyship | Lasting Power of Attorney |
|---|---|
| Appointed by the Court | Chosen by the individual |
| Used after capacity is lost | Set up while capacity remains |
| More complex and time-consuming | Simpler and quicker |
| Ongoing Court supervision | Less direct oversight |
Deputyship:
Appointed by the Court
Lasting Power of Attorney:
Chosen by the individual
Deputyship:
Used after capacity is lost
Lasting Power of Attorney:
Set up while capacity remains
Deputyship:
More complex and time-consuming
Lasting Power of Attorney:
Simpler and quicker
Deputyship:
Ongoing Court supervision
Lasting Power of Attorney:
Less direct oversight
An LPA is generally preferable, but if one is not in place, deputyship provides a vital safeguard.
Becoming a Deputy can be rewarding but also demanding. You should consider the time commitment involved, the legal responsibilities, and the need for ongoing reporting and compliance.
Professional advice can help ensure the process is handled correctly and efficiently.
Deputyship plays a crucial role in protecting individuals who can no longer make decisions for themselves. However, it comes with strict legal duties, ongoing supervision, and significant responsibility.
Applying for deputyship and managing the role can be complex. Our specialist Court of Protection solicitors can:
If you are considering applying to become a Deputy or need advice about your responsibilities seeking expert legal guidance is essential.
Typically between 4–6 months, depending on the complexity of the application, and if the courts are experiencing delays then is may take much longer.
Yes, Deputies can be appointed jointly or jointly and severally.
The Court of Protection can investigate and remove them.
Whatever legal support you need, our experienced and highly skilled solicitors and legal advisors are here to help. With expertise across a wide range of legal areas, we provide clear, practical advice tailored to you. What sets us apart is our commitment to understanding your needs and delivering the best possible outcome with a personal touch.
