Court of Protection: Appointing a deputy

Deputies are typically trusted individuals who are well-positioned to act in the best interests of the person that lacks capacity. This may include:

• Family members: A spouse, parent, sibling, or adult child.
• Close friends: Someone who knows the person well and has their trust.
• Professionals: Solicitors, accountants, or local authority officers, particularly in complex or sensitive cases.

More than one person can be a deputy, and if more than one person is appointed, they can be appointed so that they make all decisions together (joint appointment) or where they can make decisions separately of each other.

The Court of Protection ensures that any appointed deputy is suitable, capable, and dedicated to acting responsibly on the individual’s behalf.

A deputyship is necessary when a person:

• Lacks capacity to either manage their finances or make welfare decisions.
• Has no Lasting Power of Attorney (LPA): Without an LPA in place, deputyship becomes the only way to secure legal authority to make decisions on their behalf.
• Faces disputes or complex situations: Sometimes, family members disagree about the best course of action, or the person may lack close relatives to step in.

In such situations, a deputy ensures that the individual’s financial and welfare needs are met responsibly.

The Court of Protection typically appoints deputies for one of the following areas:

Property & financial affairs deputyship

• Managing bank accounts, pensions, and investments.
• Paying bills and overseeing financial commitments.
• Selling or maintaining property.
• Protecting assets and ensuring long-term financial stability.

Personal welfare deputyship

• Deciding on care arrangements, such as choosing between home care and residential care.
• Overseeing medical decisions, including treatments and therapies.
• Determining day-to-day welfare matters, like diet and routines.

While property and financial deputyships are more common, personal welfare deputyships may be required in cases where there are disagreements or complex care needs.

Deputies appointed by the Court of Protection under the Mental Capacity Act 2005 (MCA) must meet legal obligations and follow Office of the Public Guardian (OPG) standards. These ensure decisions are made in the best interests of individuals who lack capacity.

Key responsibilities of a deputy

1. Act in the best interests of the person that lacks capacity: Deputies must prioritise the individual’s needs, preferences, and rights. Decisions must consider their past and present wishes and involve them as much as possible. (Mental Capacity Act 2005, Section 4)
2. Follow MCA principles: Deputies must assume capacity unless proven otherwise, provide support for decision-making, and minimise restrictions on the individual’s rights and freedoms. (Mental Capacity Act 2005, Section 1)
3. Work within the court order: Deputies must not exceed the authority granted by the Court of Protection and seek permission for additional actions. (Court of Protection Rules 2017)
4. Keep accurate records: Deputies must document decisions, financial transactions, and consultations with relevant parties. (Office of the Public Guardian, Deputy Standards)
5. Submit annual reports: Deputies must file annual reports with the OPG detailing decisions made and financial management. (OPG Guidance on Deputy Reporting)
6. Manage finances prudently: Deputies must manage finances in the individual’s best interests, including opening a separate bank account and avoiding high-risk investments. (MCA Code of Practice, Chapter 8)
7. Avoid conflicts of interest: Deputies must not act in ways that benefit themselves or others over the individual’s interests. (OPG Deputy Standards)
8. Consult & seek advice: Deputies should consult with family, carers, or professionals and seek advice on complex decisions.
   (MCA Code of Practice, Chapter 5)
9. Respect confidentiality: Deputies must protect the individual’s personal, financial, and medical information. (MCA Code of Practice, Chapter 16)
10. Notify significant changes: Deputies must inform the OPG of significant changes, such as the individual regaining capacity or safeguarding concerns. (OPG Guidance on Deputy Responsibilities)
11. Undertake training: Deputies are encouraged to attend training to better understand their duties and comply with legal obligations. (OPG Training and Support)

Our team has decades of experience handling some of the most challenging deputyship matters, from straightforward applications to highly complex financial and welfare disputes. We are known for achieving excellent outcomes for our clients, no matter the circumstances.

• Trusted by professionals: Many of our cases are referrals from the Official Solicitor, local authorities, and other legal professionals, reflecting the high regard in which our team is held.
• Recognised expertise: We are praised for our ability to navigate complex situations with precision and determination, leaving no avenue unexplored.

We provide tailored legal support across all aspects of deputyship, including:

• Financial deputyship: Managing substantial funds, property, and assets, particularly for clients who have sustained brain injuries or require long-term care.
• Welfare deputyship: Assisting in cases involving personal care, medical decisions, and disputes over living arrangements.
• International cases: Handling cross-border issues to ensure clients’ rights are protected wherever they are in the world.

Our in-depth knowledge extends to supporting high-profile cases and those involving substantial settlements from personal injury or clinical negligence claims.

At Anthony Gold Solicitors, our focus is always on the individual and their unique needs. We work collaboratively with families, local authorities, and other professionals to provide practical, empathetic, and effective support.

• Proactive & thorough: We are known for our meticulous preparation and fierce advocacy, ensuring that every client’s rights are fully protected.
• Accessible & approachable: Clients consistently commend our team for being supportive, contactable, and easy to work with during what can be a stressful time.

Our Court of Protection team has earned widespread recognition for its exceptional service:

• Testimonials from professionals: Clients describe us as “fiercely proactive” and “the best in the business,” with a reputation for delivering successful outcomes in difficult cases.
• Team strength: Individuals within our team are praised for their dedication, expertise, and ability to make complex issues seem manageable. From their calm professionalism to their determination, our solicitors are regarded as leaders in this field.

Becoming a deputy comes with significant responsibilities. Our team ensures that deputies have the guidance and tools they need to manage their duties effectively. Whether you’re considering applying yourself or need a professional deputy to step in, we provide:

• Practical advice on the application process.
• Support in managing financial and welfare decisions.
• Assistance with compliance, including reports to the Court of Protection.

We understand the importance of financial clarity during this process. Our charges are typically taken from the assets being managed, ensuring no upfront stress for our clients. This approach reflects our commitment to making deputyship services as accessible as possible.

Any fees taken from the assets being managed are subject to strict scrutiny from the Senior Court Costs Office.

The first step is to determine whether a deputyship is necessary. This involves:

• Establishing that the person lacks the mental capacity to make decisions themselves.
• Considering whether any existing arrangements, such as a Lasting Power of Attorney, are in place or sufficient.
• Identifying the areas where a deputy is required, such as financial matters or welfare decisions.

Our solicitors can help you assess your circumstances and decide if applying for deputyship is the right course of action.

The application to the Court of Protection involves a significant amount of documentation and evidence. This includes:

• Medical evidence: A capacity assessment from a qualified medical professional.
• Detailed personal information: Information about the individual needing support and the proposed deputy.
• Financial details: A summary of the person’s financial assets, liabilities, and ongoing expenses.
• Declaration of suitability: A statement from the proposed deputy outlining their suitability and commitment to acting in the person’s best interests.

Our team will work with you to gather and prepare all necessary paperwork to ensure the application is accurate and comprehensive.

Once the application is ready, it is submitted to the Court of Protection for review. The Court will:

• Examine the evidence to confirm the individual’s lack of capacity.
• Assess whether the proposed deputy is appropriate and capable of fulfilling the role.
• Consider the specific powers being requested to ensure they are in the individual’s best interests.

The Court may also request further information or involve other parties, such as family members, in the decision-making process.

The Court of Protection will issue an order if it approves the deputyship application. This order sets out:

• The scope of the deputy’s powers (e.g., financial decisions, welfare decisions, or both).
• Any limitations or conditions that apply.
• Requirements for ongoing supervision and reporting.

Anthony Gold Solicitors ensure that clients understand their responsibilities under the order and helps them implement the Court’s directions effectively.

Once appointed, deputies must fulfil several ongoing duties, including:

• Keeping accurate records of decisions and transactions.
• Submitting regular reports to the Office of the Public Guardian.
• Consulting with professionals, carers, and other parties when making major decisions.

Our team provides ongoing support to ensure you remain compliant with the Court’s requirements and manage your responsibilities with confidence.