The Role of a Property and Financial Affairs Deputy | What You Need to Know

At Hegarty, we regularly advise individuals who have been appointed as a Property and Financial Affairs Deputy under the Court of Protection. Acting as a Deputy is a significant legal responsibility, and we’re here to support you in fulfilling your duties lawfully and confidently.

What is a Property and Affairs Deputy?

A Property and Financial Affairs Deputy is someone appointed by the Court of Protection to deal with the property and financial affairs of a person who lacks the mental capacity to do so themselves. This role may involve handling day-to-day finances, managing bank accounts, paying bills, and making decisions about property. It is a highly responsible role, and it is vital that you understand what is expected of you when acting for somebody without capacity.

When you are appointed as a Deputy, the Court issues a Deputyship Order, which sets out the powers that you have when acting on a person’s behalf. It's crucial to read this Order carefully and seek legal advice if you are unsure about any specific permissions or limitations. In some instances, additional applications to the Court may be necessary before taking certain actions.

Who Can Be a Deputy?

Deputies are usually close family members or trusted friends, but in cases where this isn’t appropriate or possible, the Court may appoint a professional Deputy—such as a solicitor.

A Deputy must; be at least 18 years old, be trustworthy and reliable, able to manage complex financial matters, and acting in the best interests of the individual (referred to as “P”).

What Are a Deputy’s Responsibilities When Acting?

The most important duty of any Deputy is to act in the best interests of the person lacking capacity. This includes considering their past and present wishes and feelings, their beliefs and values, and views of family members and carers involved in their life

A Deputy must also never assume that the P continues to not have capacity and must ensure that any chosen action is the least restrictive of P’s rights and freedoms as possible.

Additionally, they mustn’t allow their own interests to conflict with P’s and must ensure that they keep P’s finances separate from their own.

Deputies are supervised by the Office of the Public Guardian (OPG) to ensure that they fulfil their duties in the most appropriate way and must submit annual reports detailing their actions and the position of P’s finances through each year.

There might be times when professional advice is necessary and Deputies should be aware of when this should be sought, on a legal or financial front.

What Can a Deputy Not Do?

While the Deputyship Order grants certain powers, there are important limits. Without express permission from the Court of Protection, a Deputy cannot:

• Sell P’s property,
• Deal with property in the joint names of P and another person,
• Making large gifts on P’s behalf,
• Make or change a Will for P,
• Make a decision which will potentially put a Deputy in conflict with P’s interests, for example buying a property from P or selling their property to another family member, even if this is at market value.
• Make decisions not covered by the original Deputyship Order

It is worth the Deputy considering taking legal advice on these matters if they need to make a further application to the Court to amend their Deputyship Order or obtain consent to a decision.

Need Legal Advice as a Property and Financial Affairs Deputy?

At Hegarty, our experienced team can help guide you through your role as a Deputy. Whether you’re applying for Deputyship, navigating complex financial decisions, or need support submitting your annual report to the OPG, we are here to help.

Contact our solicitors today for professional and compassionate legal advice tailored to your circumstances.