If someone you love has lost the mental capacity to manage their finances, property, and personal welfare, the Court of Protection may appoint a deputy to make decisions on their behalf.
But what is deputyship, and how does it work? In this guide, we’ll explain the role of a deputy, the different types of deputyship, how to apply, and alternative legal options such as Lasting Power of Attorney (LPA) and Personal Injury Trusts.
What does deputyship mean and why is it necessary?
In the UK, deputyship is a legal appointment made by the Court of Protection, allowing a trusted individual to manage the affairs of someone who can no longer do so themselves. This typically happens when a person has not set up a Lasting Power of Attorney (LPA) before losing mental capacity.
Deputyship may be required when a person is unable to make decisions due to:
- A serious brain injury
- Dementia or Alzheimer’s
- A severe learning disability
- A long-term illness or mental health condition
The Court of Protection is responsible for processing deputyship applications and ensuring that the appointed deputy acts in the best interests of the individual. The court makes sure that all deputies adhere to the Mental Capacity Act 2005, which provides legal safeguards for vulnerable individuals.
What are the different types of deputyship?
The Court of Protection assigns two types of deputyship, depending on the needs of the person who lacks mental capacity.
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Property and financial affairs deputyship
A property and financial affairs deputy is responsible for managing the financial matters of the individual, including:
- Handling bank accounts, pensions and investments
- Paying rent, mortgages or care home fees
- Managing household bills and benefit claims
- Selling property or assets (with court approval if required)
If you have been appointed as a property and financial affairs deputy, you must keep detailed financial records and submit a report to the Office of the Public Guardian (OPG) each year to prove your responsibility.
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Health and welfare deputyship
A health and welfare deputy makes decisions about the individual’s personal care and medical needs, such as:
- Approving medical treatment and care plans
- Deciding where the individual should live, based on their care requirements
- Overseeing day-to-day care and social activities
The Court of Protection is more likely to approve one-off decisions related to health and welfare rather than granting ongoing authority, to reduce the risk of abuse.
Who can be appointed as a deputy?
While anyone can apply for deputyship, the Court of Protection usually appoints a close family member, lifelong friend, or a professional such as a solicitor or accountant.
To qualify, the court must be satisfied that you are:
- Responsible and financially capable of managing another person’s affairs.
- Acting in the best interests of the individual.
- Able to follow strict legal and financial guidelines set by the court.
In some cases, two or more individuals can be appointed as deputies. They will either be classed as a joint deputyship, meaning all decisions must be made together, or jointly and severally, which allows each deputy to act independently.
What are the responsibilities of a deputy?
As a deputy, you have a legal duty to act in the best interests of the person you represent and follow the Mental Capacity Act 2005. Your responsibilities depend on whether you are managing their finances or welfare, but all deputies must:
- Make decisions carefully – Always act in a way that benefits the individual, not yourself.
- Keep detailed records – Track financial transactions, major decisions, and any court approvals.
- Report to the Office of the Public Guardian (OPG) – Submit an annual report detailing actions taken on behalf of the individual.
- Follow legal restrictions – Deputies must stay within the limits of their authority and seek court approval for major decisions, such as selling property.
Failing to meet these responsibilities can result in court intervention or removal from the role.
What are deputies not allowed to do?
While deputies have legal authority to act on behalf of someone else, strict safeguards are in place to prevent misuse of power. Deputies must not:
- Use restraint unless it’s necessary to prevent immediate harm.
- Refuse or stop life-sustaining medical treatment.
- Benefit personally from the person’s finances or assets.
- Create or alter the person’s will.
- Hold money or property belonging to the individual in their own name.
These restrictions ensure that all decisions are made solely in the best interests of the individual. Any deputy found abusing their authority may face legal action or removal by the Court of Protection.
How do I apply for deputyship in the UK?
Applying for deputyship involves several legal steps to ensure the right person is appointed to manage an individual’s affairs.
- Complete Court of Protection forms — Specify whether you are applying for financial or health and welfare deputyship
- Obtain a Mental Capacity Assessment — A doctor or specialist must confirm the individual lacks mental capacity.
- Notify family members — Close relatives must be informed and given the opportunity to object.
- Pay the deputyship application fee — Both types of deputyship cost £408.
- Await the court’s decision — This can take between four and six months.
If you are unsure whether you meet the requirements for deputyship, take a look at this guide on the Government website.
How much does it cost to become a deputy?
There are several costs involved in applying for deputyship, depending on the type of application and level of supervision required.
| Fee Type | Cost |
| Application fee (one type) | £408 |
| Application fee (both types) | £816 |
| Court hearing fee (if required) | £494 |
| Annual supervision fee | £35–£320 (based on level of supervision) |
| New deputy assessment fee | £100 |
Alternatives to deputyship – is it the best option?
Deputyship is not always the most suitable solution. Depending on the circumstances, there are two alternative options that may offer greater flexibility, lower costs, or fewer legal restrictions.
Lasting Power of Attorney (LPA)
An LPA allows a person to appoint someone they trust to manage their affairs before they lose mental capacity. This option provides:
- More control – The individual decides in advance who will make decisions on their behalf.
- Fewer legal barriers – Unlike deputyship, LPAs require less court involvement.
- Lower cost and faster setup – Establishing an LPA is generally cheaper and quicker than applying for deputyship.
If possible, setting up an LPA in advance is more desirable than deputyship, as it allows the affected person to make their own choices while they are still able.
Personal Injury Trusts
For individuals who have received compensation from a personal injury claim, a Personal Injury Trust may be a better option. This provides:
- Protection of benefits – Ensures compensation does not affect entitlement to means-tested benefits.
- Less court oversight – Funds are managed by appointed trustees, reducing the need for court supervision.
- More financial control – Allows compensation to be used for care and living costs without restrictions from deputyship rules.
If the affected person has received a large compensation payout, a Personal Injury Trust may offer a more practical way to manage their finances.
What happens if a deputy does not act in the best interests of the individual?
The Office of the Public Guardian (OPG) is responsible for monitoring deputies and investigating any concerns regarding misconduct or misuse of power. If a deputy fails to act in the best interests of the individual, the Court of Protection has the authority to:
- Issue warnings or restrictions – The deputy may receive a formal warning or be given specific limitations on their decision-making powers.
- Revoke the deputyship – If misconduct continues, the court can remove the deputy and appoint someone else.
- Take legal action – In serious cases, the deputy may face legal consequences, including fines or prosecution.
In order to maintain care of your loved one, be sure to adhere to all of your responsibilities and always act in their best interest.
Get expert legal advice on deputyship
If you have decided to apply for deputyship on behalf of a loved one, it can be a huge responsibility. At Express Solicitors, our experienced team can guide you through every step, whether you are applying for deputyship or considering alternatives such as Lasting Power of Attorney (LPA).
Contact Express Solicitors today for expert guidance on deputyship, ensuring you make the right decisions to protect your loved one’s future.