Deputyships

A Deputyship Order is very similar to a Lasting Power of Attorney. It allows a person appointed by the Court (called a Deputy) to act on your behalf if you are unable to make your own decisions, due to a lack of mental capacity.

If you do not create a Lasting Power of Attorney and you lose capacity, the only way a loved one can act and make decisions on your behalf is to obtain a Deputyship Order from the Court of Protection.

You may find yourself in a situation where your loved one no longer has capacity and you are having difficulty dealing with their affairs due to there being no Lasting Power of Attorney in place. If this is the case, the only option to is apply to the Court for a Deputyship Order.

You can only apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot decide for themselves at the time the decision needs to be made.

As a deputy, you will be authorised by the Court of Protection to make decisions on behalf of the person who no longer has capacity.

As with a Lasting Power of Attorney, there are two types of Deputyship Order:

• Property and Affairs Deputy: A property affairs deputy is the most common form of deputyship and deals with the person’s financial affairs. This includes managing bank accounts, investments, administering pensions and selling property.
• Personal Welfare Deputy: A Personal Welfare Deputy is for when a person lacks the capacity to make decisions regarding their care and treatment. The Deputy will make decisions about medical treatment and how someone is looked after.