When a person lacks the capacity to make decisions for themselves, the Court of Protection will appoint a deputy to act for them. A deputy makes decisions on behalf of a person that cannot do this for themselves. Usually, the Court of Protection will only appoint a deputy to make decisions about a person’s money and property, but sometimes they will appoint a deputy to make decisions about what care a person should receive, and what medication they should receive.
Deputies are under very strict duties and restrictions about what they can and can’t do with the money and property of the person that they act for, including about what gifts they can make and how they make decisions. A deputy can only make the decisions that the person they represent cannot make, and they must make all decisions in that person’s best interests. They cannot make a will for a person that lacks the mental capacity to make their own will, without specific permission from the Court of Protection.
Deputies are monitored by the Office of the Public Guardian. They are required to submit reports to the Office of the Public Guardian each year, detailing all funds that they have received and spent on behalf of the person that they represent that year and all decisions that they have made.
If you would like to know more about making an application to be appointed as deputy for another person, or you are concerned about the actions or suitability of a deputy or proposed deputy, then please get in touch with us. We will be able to help you find a solution.