A deputy is someone appointed by the Court of Protection to make decisions for someone who is unable to do so on their own.

A deputy is responsible for making decisions for someone until either the person they’re looking after dies or is able to make decisions on their own again.

The Mental Capacity Act is used to work out if someone can make their own decisions and how they can be helped.

The court won't appoint someone as deputy if the person is able to make their own decisions. You may be able to make a lasting power of attorney instead. Contact the Office of the Public Guardian if you don't know what to do.

Who can be a deputy

A deputy is usually a close friend or relative of the person who needs help making decisions.

A deputy can also be a professional, like an accountant or a solicitor. Local authorities are often appointed as a deputy.

Deputies must be over 18.

The Court of Protection can appoint a ‘panel deputy’ to look after someone's financial affairs if no one else can do this.

A panel deputy is someone with specialist knowledge of mental capacity law.

Types of deputies

There are 2 types of deputies:

• those who look after property and financial affairs
• those who look after a person’s health and welfare

There can be more than 1 person appointed as deputy to each type.

The Court of Protection will tell the deputy about:

• their powers and responsibilities
• what decisions they can and can’t make (eg, about money or healthcare)

Deputies must:

• only make decisions in the other person's best interests
• only make the decisions the court says they can make
• apply a high standard of care when making decisions

Decisions a deputy cannot make

Deputies can’t make a decision for someone if the person can make the decision without their help (eg, overrule the person’s decision). However, a deputy can still help the person reach a decision.

Deputies can’t:

• restrain the person, unless it’s to stop them coming to harm
• stop life-sustaining medical treatment, eg turn off a life-support machine
• make a will for the person, or change their existing will
• make large gifts out of the person’s money
• hold any money or property in their own name on the person’s behalf

However, a deputy can use the Court Funds Office, or a bank or building society account to help someone with their finances.

Download forms and guidance for deputies appointed by the Court of Protection.

Check if the person already has a deputy or attorney acting on their behalf before you apply to become a deputy.

If they don’t, you can apply to the Court of Protection to become their deputy.

You’ll be sent a court order appointing you as a deputy if the court approves your application.

The court order will explain what decisions you’re legally allowed to make.

The court order will say that you need to make regular reports to the Office of the Public Guardian.

This is to make sure the you’re acting in the person’s best interest.

Keep a record of any decisions you make, eg:

• making a major investment
• changing the care a person is getting
• deciding where someone should live

Keep copies of any documents about decisions you’ve made, eg:

• receipts
• bank statements
• letters and reports from health agencies or social services

You usually have to complete a report once a year, using the deputy declaration form.

Download 'Deputy declaration form' (PDF, 87KB)

Being supervised as a deputy

The Office of the Public Guardian will supervise your role as a deputy.

There are different levels of supervision depending on:

• the complexity and value of the estate of the person you’re acting for
• your relationship with the person you’re making decisions for
• the types of decisions you’re allowed to make

Download 'How you will be supervised as a deputy' (PDF, 118KB)

Supervision fees

The estate of the person you are acting as deputy for has to pay a supervision fee to the Office of the Public Guardian if you’re appointed as a deputy.

The fee will depend on the level of supervision.

You may be able to get help with fees or a discount if the person you are deputy for is on certain benefits or a low income.

Download 'Deputyship fees' guidance (PDF, 309KB)

A deputy’s role can end or be cancelled for a number of reasons.

The court order expires

A deputy can reapply to the Court of Protection if the court order expires.

A new deputy can also apply for the role.

The Court of Protection ends the deputy’s role

This can happen if:

• the deputy hasn’t been acting in the person’s best interest
• the person no longer needs the deputy’s help

In the first case, the Court of Protection will appoint a new deputy.

The person who needs a deputy dies

The deputy must tell the Office of the Public Guardian as soon as possible if the person they’re acting for dies.

They may have to provide a final report about their decisions and financial transactions.

The deputy dies

The court of protection will only appoint a new deputy if:

• the person still needs a deputy
• someone applies to be the deputy

The court can appoint a panel deputy or a local authority deputy if no one applies for the role.