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Insight > Court of protection FAQS > What is a deputy and why might the Court of Protection appoint one?
What is a deputy and why might the Court of Protection appoint one?
A Deputy is appointed by the Court of Protection to make decisions for an individual who is unable to make decisions for themselves due to lack of mental capacity.
The Deputy is usually a family member or close friend of the individual, although where appropriate an independent professional or a Trust Corporation may be appointed. One or more Deputies can be appointed.
Deputies are most commonly appointed to manage an individual's property and finances. They can also be appointed to make decisions about an individual's health or welfare – although this is less common as the Court prefers these decisions to be made by healthcare professionals in consultation with family members, and for the Court to make a specific one-off decision where there is any disagreement.
The scope of a Deputy's authority is defined by the Court Order appointing them and by their obligations under the Mental Capacity Act 2005 and the Code of Practice (see What is the Mental Capacity Act for more) A Deputy must act in the individual's best interests and must do everything they can to involve the individual in any decisions they take.
Subject to the terms of the order, day to day decisions, such as covering the individual's reasonable living expenses will not require the Court's specific consent. Other, more major decisions, such as sale of the individual's property or making gifts, will require the Court's specific consent ahead of time. Further details can be found in the Office of the Public Guardian's guide to acting as a deputy.
The Court, in conjunction with the Office of the Public Guardian (the Court's administrative arm), retains a supervisory role over Deputies. Deputies must submit annual reports (including accounts and budgets for financial Deputies) setting out the decisions they have made on the incapacitated individual's behalf. Should their conduct fall short or if the Court considers it appropriate for any other reason (eg if the Deputy's relationship with the incapacitated person has broken down), it can remove the Deputy and appoint another.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of court of protection law.
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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