Applying for deputyship

There are 2 types of deputyship that you can apply for:

  • Property and financial affairs – for example paying bills, organising a pension
  • Personal welfare – for example making decisions about medical treatment and care.

You can apply to be just one type of deputy or both. If you are appointed then you will receive an order from the Court of Protection saying what you can and cannot do. A deputy’s powers are limited and you may find that following your appointment you need to make a further application.

A health and welfare deputy is less common. If a person lacks capacity to make decisions about their health and welfare and has not made a lasting power of attorney then a friend or relative can make an application to the Court to become the person’s health and welfare deputy.

As a property and financial affairs deputy, you must have the skills, knowledge and commitment to carry out the effective management of the financial affairs of the person who lacks capacity. You will also have to assure the Court that there is nothing that makes your appointment inappropriate.

The Court does not, however, usually appoint deputies to make decisions about a person’s health and welfare unless a resolution cannot be reached between the family and health care professionals of the person concerned under the Mental Capacity Act 2005 framework.

If you would like to discuss this further please do not hesitate to contact us.