What is a Deputy?

What is a Deputy? If your loved one sadly loses mental capacity and is unable to make a Lasting Power of Attorney then the best option for them will be an application to the Court of Protection. This will enable you, if you make the application, to act in their best interest and make decisions regarding their health and welfare or property and finances as their Deputy.

Who can be a Deputy?

A Deputy is usually a family member or relative but can also be a close friend who knows the person who the application is being made on behalf of well. Each situation is different when it comes to applications to the Court of Protection and given the circumstances and the relationship of the person applying for the deputyship to the applicant, you may need to seek permission from the Court to act on behalf of your loved one.

If a person has lost mental capacity and has no suitable family member or suitable close friend then it is possible for a solicitor to act as a Deputy. If there are complex decisions to be made a solicitor may be appointed in any circumstance.

What are the duties of a Deputy?

The Court will tell you what decisions you can and cannot make on behalf of the person for whom you are acting as a Deputy. If the circumstances of your loved one change then you can apply for further powers.

Being a Deputy for someone carries a large responsibility. You must make decisions in the best interest of your loved one, only make decisions within the powers granted to you by the Court, only make decisions if your loved one cannot and many more. You must also bear in mind the procedures of the Mental Capacity act 2005.

It is very important that if you are appointed as a Deputy you keep a record of any major decisions you have had to make on behalf of your loved one. If you feel a certain decision is a major decision it is of importance that all paperwork and correspondence is kept for any future record.

For advice on Deputyship, Court of Protection or any other Probate or Wills matters contact our team on 0800 015 0340 to arrange an initial free half hour appointment at any of our offices in Huddersfield, Halifax, Wakefield, Horbury, Leeds, Pudsey or Morley.