What does being someone’s deputy mean?
Deputies are appointed to assist people who do not have capacity to manage their own affairs. There are different types of deputies, for example attorneys can also be appointed as professional deputies.
What is the role of the Court of Protection?
The Court of Protection is responsible for;
- deciding whether someone has the mental capacity to make a particular decision for themselves.
- making decisions on financial or welfare matters for people who lack capacity to make these decisions themselves.
- appointing deputies to assist people who do not have the capacity to make decisions themselves.
An application to the Court of Protection is required so that the Court can approve the appointment of the deputy, and determine which decisions they should deal with.
What decisions can a deputy deal with?
The Office of the Public Guardian has released a sample Court Order appointing a deputy for property and financial affairs. This contains all of the powers deputies would usually be granted to deal with a person’s finances, as well as any restrictions on their powers. For instance, deputies are commonly restricted from purchasing property on the person’s behalf without specific authority from the Court. The Order also sets out certain duties, such as submitting reports to the Office of the Public Guardian regarding the deputy’s actions.
Deputies can request specific powers in addition to those shown in this sample Order. Where possible, additional powers should be requested when applying to be appointed. This will avoid needing to make a further application to the Court in the future, which can take time and cause unnecessary expense.