DEPUTYSHIP

What Is a Deputyship?

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Deputyship in the UK refers to a legal arrangement where someone is appointed as a deputy to make decisions on behalf of a person who lacks mental capacity to make decisions for themselves. This typically occurs when someone has not made a Lasting Power of Attorney (LPA) and becomes unable to make decisions due to an illness, disability, or injury.

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How Can I Become a Deputy?

 

To become a deputy, you need to apply to the Court of Protection. The court will assess your suitability to act as a deputy and may require you to provide certain information and documentation. The process involves completing application forms, providing supporting documents, and paying the necessary fees.

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What Are The Responsibilities of a Deputy?

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As a deputy, you have a legal duty to act in the best interests of the person lacking mental capacity. Your responsibilities may include managing their finances, making decisions about their healthcare and welfare, and handling their property and affairs. You are required to keep detailed records of your decisions and financial transactions.

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What Is The Difference Between a Deputy and An Attorney?

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A deputy and an attorney are both legal roles related to decision-making on behalf of someone lacking mental capacity, but they differ in how they are appointed. A deputy is appointed by the Court of Protection when no Lasting Power of Attorney (LPA) is in place, while an attorney is appointed by the individual through an LPA when they have mental capacity. Deputies are subject to more oversight and reporting requirements compared to attorneys.

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Can I Be Reimbursed For Being a Deputy?

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Yes, deputies are generally entitled to claim reasonable expenses incurred in carrying out their duties. This can include expenses related to travel, postage, telephone calls, or any other costs directly related to acting as a deputy. However, deputies cannot charge for their time or services unless the court has specifically authorised it.

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Can I Apply To Become a Deputy For Someone Who Already Has a Lasting Power of Attorney (LPA)?

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Generally, if someone already has an LPA in place, there is no need to apply for deputyship. The appointed attorney(s) under the LPA will have the authority to make decisions on behalf of the person lacking capacity. Deputyship is typically considered when there is no valid LPA in place.

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Can I Apply To Be a Deputy For More Than One Person?

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Yes, it is possible to apply to be a deputy for multiple individuals. However, each application will be assessed separately, and the Court of Protection will consider your capacity and ability to fulfill the responsibilities for each individual. It's important to ensure that you can adequately manage the affairs of each person and provide the necessary care and attention required.

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Can I Be Removed As a Deputy?

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Yes, a deputy can be removed or replaced if the court finds that they are no longer suitable or are not fulfilling their duties properly. This could happen if the court receives complaints or concerns about the deputy's actions, mismanagement of funds, or failure to act in the best interests of the person lacking capacity. The court has the power to revoke the deputyship and appoint a new deputy if necessary.

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Can a Deputy Make Decisions About Medical Treatment For The Person Lacking Capacity?

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Deputies have the authority to make decisions about a person's health and welfare, which may include decisions about medical treatment. However, certain medical treatments or interventions may require specific legal authorisation or involvement from healthcare professionals or the court. It's important to consult with medical professionals and follow appropriate procedures when making decisions about medical treatment as a deputy.

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Can You Sell a Property If You Have Deputyship?

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Yes. They will need to obtain an order from the Court of Protection granting authority for the sale.