● Who should be appointed as a Deputy
● What powers an appointed Deputy has
● Deciding upon whether a Deputy or Attorney has acted properly
● Whether to remove a Deputy or Attorney
● Deciding whether a Power of Attorney is valid
● Deciding upon where a person should live or who should look after them (when other
interested parties cannot agree)
● What type of medical treatment someone should receive where there is doubt or a dispute
● If an Attorney can make gifts on behalf of the person who lacks mental capacity
What is a Deputy?
Once it has been established that a person lacks mental capacity in relation to matters
concerning their property and financial affairs and/or health and welfare, the Court of Protection
may appoint a Deputy to make decisions on their behalf.
A Deputyship application can be made in respect of property and financial affairs but also in
respect of some aspects of health and welfare
Where possible, the Court would prefer to appoint a family member or a close friend to act for
the person who lacks capacity, provided it is in their best interests to do so. Alternatively, a
professional advisor, such as a solicitor or accountant may act. If none of the above are able to
act then a local authority’s social services department or Panel Deputy can be appointed by the
How many people can be appointed to act as a Deputy?
The Court will allow appointment of Deputies to act jointly or jointly and severally, however, they
do not encourage more than three individuals are appointed as this can lead to incurred costs,
delay and potential increased security bond which is explained further below.
How long does it take to be appointed as a Deputy?
Once the application has been signed by all of the proposed Deputies it is then sent to the Court
of Protection. The Court will issue the proceedings but then there are other procedures that
need to be carried out by the proposed Deputy/Deputies.
The Court aim to issue an Order within 21 weeks of the application being stamped but it can
take 5-6 weeks to get to this point, depending upon how long the initial steps take.
What is the cost of applying to be a Deputy?
If legal fees are to be paid from the vulnerable person’s assets, the Court must authorise the
payment in the order it makes. Either it will allow fixed fees of £850 + VAT per application, or (especially if it has been a complex and/or contested application) it will order a bill is prepared in an approved form which is assessed by the Court Costs Office. In the absence of the Court authority over payment of costs, the person who applied to be appointed the Deputy is responsible for the application costs.
There is also a Court fee payable of £400, however, depending upon the circumstances of the person lacking capacity, an exemption or remission may apply to this Court fee.
The Court generally requires a Deputy or Deputies to provide some form of security such as a
guarantee bond to cover any financial loss to the person lacking capacity as a result of the
actions of the Deputy or Deputies.
Provided that the Deputy or Deputies act within the terms of the Court’s Order and comply with
the principles of the Mental Capacity Act, it is unlikely that they will incur any liability. If a Deputy
acts outside their powers then the Court may enforce the security bond or authorise someone to
bring an action against them.