Duties of a deputy

The Court of Protection appoints a deputy to make decisions on behalf of a person who lacks capacity. A deputy can be appointed in relation to either, or both, a person’s property and affairs and personal welfare. A deputy is likely to be a family or close friend or a professional such as Veronica Mullins, a partner at the firm, who is specially appointed by the Court of Protection to act when no one else is able or willing to act.

A deputy has duties that they must adhere to. Amongst others, the deputy must keep deputyship funds separate from their personal monies, they must also keep proper records and report to the Office of Public Guardian yearly.

The deputy must be aware of the five principles of the Mental Capacity Act 2005 which are:-

1. A person must be assumed to have capacity unless it is established that they lack capacity.

2. A person is not to be treated as unable to make a decision unless all practicable (do-able) steps to help them to do so have been taken without success.

3. A person is not to be treated as unable to make a decision merely because they make an unwise decision.

4. An act done, or a decision, made under this Act for or on behalf of a person who lacks mental capacity must be done, or made, in their best interests

5. Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

If you are considering applying to the Court of Protection to become a deputy on behalf of a person who lacks capacity, or need a Deputy to act on behalf of someone, our experienced Court of Protection team can assist you with application process. For further information about deputyships, please contact our Court of Protection on Freephone 03443260049.