What is the role of a Court of Protection deputy?

Here we will look closely at the role of a Court of Protection deputy. It essentially means you have been appointed by the Court to deal with the financial and property affairs of someone who no longer has the mental capacity to do so themselves.

It is not to be confused with the role of an attorney appointed under a UK Power of Attorney, which must be put in place whilst the donor retains mental capacity.

You can find out more about UK power of attorney here or online at similar sites.

Who can be a Court of Protection deputy?

Any deputy must be a minimum of 18 years of age. It may be a member of the family or a close friend. Alternatively, a lawyer or other professional may be chosen for the role. If a large estate is involved, the court may opt to appoint a professional deputy.

What are the types of deputy?

There are two different kinds of deputy, similar to attorneys. The first is one in charge of property and financial affairs. If appointed, you will have to deal with the bills of the person you deputise for and organise their income, which may involve their pension.

The court also recognises a personal welfare deputy. In this case, you will be in charge of medical needs and how the individual you represent has their care needs addressed. You may need legal advice if the person you think needs representation is under the age of 16.

Becoming a deputy

You may apply to carry out the duties of either type of deputy or take on the responsibility of both. It is worth considering whether you might like to share duties with another family member or a close friend of the person you wish to represent. The court will explain what you can do and what is prohibited.

Once you become a deputy, you will be required to submit an annual report directly to the Office of the Public Guardian, which will detail decisions you have made during that period.