What Does a Deputy Actually Do?
From the Wills and Probate Team at Phillips Solicitors
Many people become aware of the role of a Deputy only when a loved one can no longer make decisions for themselves and there is no valid Lasting Power of Attorney in place.
A Deputy is someone appointed by the Court of Protection to make certain decisions on behalf of a person who lacks the mental capacity to make those decisions themselves. Depending on the circumstances, a Deputy may be appointed to deal with financial matters, welfare decisions, or both.
Being appointed as a Deputy is a significant responsibility. Deputies must always act in the best interests of the person they are appointed to help and are supervised by the Office of the Public Guardian (OPG).
Why Might a Deputy Be Needed?
A Deputy is usually appointed where a person has lost mental capacity, and no valid Lasting Power of Attorney exists.
A Court of Protection application may be necessary if there is nobody with legal authority to:
- Manage bank accounts and finances.
- Pay bills and care fees.
- Deal with property.
- Access pensions or benefits.
- Make certain welfare decisions.
The Court will decide whether a Deputy is required and what powers should be granted.
What Are a Deputy’s Main Responsibilities?
A Deputy must:
- Always act in the person’s best interests.
- Support the person to make their own decisions wherever possible.
- Consider the person’s wishes, feelings, beliefs, and values.
- Follow the Mental Capacity Act 2005 and any Court Order.
- Keep accurate records of decisions made.
- Maintain appropriate financial records where managing property and finances.
- Submit reports to the Office of the Public Guardian when required.
A Deputy’s authority is limited to the powers granted by the Court, and they must not exceed those powers.
Property and Financial Affairs Deputies
Most Deputyship applications relate to financial matters.
A Property and Financial Affairs Deputy may be responsible for:
- Managing bank accounts, savings, and investments.
- Paying household bills and care fees.
- Collecting pensions, benefits, and other income.
- Arranging insurance and maintenance of property.
- Buying, selling, or managing property where authorised.
- Keeping the person’s finances separate from their own.
- Maintaining detailed financial records and accounts.
Depending on the circumstances, Deputies may also need the Court’s authority before taking certain significant actions.
Health and Welfare Deputies
Health and Welfare Deputies are appointed much less frequently.
Where appointed, they may make decisions concerning:
- Care arrangements.
- Living arrangements.
- Certain medical treatment decisions.
- Day-to-day welfare matters.
The extent of their authority will depend on the wording of the Court Order and the specific circumstances of the case.
What Can’t a Deputy Do?
Unless specifically authorised by the Court, a Deputy cannot:
- Make or change a Will on the person’s behalf.
- Make substantial gifts from the person’s assets.
- Benefit personally from their position.
- Act outside the authority given by the Court.
- Restrict a person’s freedom except where legally permitted and necessary.
- Refuse life-sustaining treatment on behalf of the person.
Deputies should seek advice whenever they are uncertain whether a decision falls within their authority.
What Happens If a Deputy Gets It Wrong?
Deputies are supervised by the Office of the Public Guardian and may be required to provide regular reports explaining how they have carried out their responsibilities.
If a Deputy:
- Misuses funds.
- Fails to act in the person’s best interests.
- Neglects their responsibilities.
- Fails to keep appropriate records.
- Acts outside their authority.
they may be investigated by the Office of the Public Guardian and, depending on the circumstances, may be removed as Deputy or required to repay money.
How Phillips Solicitors Can Help
Our Court of Protection team can advise on whether a Deputyship application is required and guide families through the process.
We can:
- Advise on Deputyship and capacity issues.
- Prepare Court of Protection applications.
- Assist with applications to appoint a Deputy.
- Advise existing Deputies on their responsibilities.
- Help with reporting requirements and ongoing administration.
- Provide practical support tailored to your circumstances.
Our aim is to make what can be a complex process as straightforward and manageable as possible.
Contact Us
If a loved one has lost capacity and there is no Lasting Power of Attorney in place, contact Phillips Solicitors to arrange an appointment with our Wills & Probate and Court of Protection team.
Taking on the role of Deputy can feel daunting, but you do not have to manage the responsibility alone.
You can contact us online or call 01623 658556 (option 4).
Useful links
- Office of the Public Guardian: Information about Deputies, Attorneys, and the supervision of Deputyships.
- GOV.UK – Become a Deputy: Official guidance on applying to become a Deputy and understanding the role.
- Court of Protection: Information about the Court’s role in making decisions for people who lack mental capacity.
- STEP (Society of Trust and Estate Practitioners): Independent information on capacity, Deputyship, and future planning.
This article is general information only and is not legal advice on any individual case. The correct advice will depend on the facts, documents, family circumstances, and capacity position.