Deputyship: When Someone Cannot Manage Affairs

There are two types of deputyship:

• Property and financial affairs deputy — Authorised to manage bank accounts, collect income and benefits, pay bills, and deal with property and investments on behalf of the person lacking capacity. This is by far the most commonly appointed type of deputy. The OPG supervises property and financial affairs deputies closely.
• Personal welfare deputy — Authorised to make decisions about the person's care, medical treatment, and living arrangements. These are less commonly appointed because the MCA allows health and social care professionals to make best-interests decisions without court involvement in most cases. A welfare deputy is only appointed when there is a specific ongoing need for judicial oversight of welfare decisions.

A deputy can only make decisions the court has specifically authorised. Unlike an LPA attorney (who has a general authority within the scope of the LPA), a deputy's authority is defined and limited by the deputyship order. Deputies cannot make gifts, change the person's will, or sell their home without specific court authority.

Deputies have significant responsibilities under the Mental Capacity Act 2005:

• Act in accordance with the MCA — This means making decisions in the person's best interests, considering their wishes and feelings, consulting relevant people, and using the least restrictive option;
• Keep accounts — Financial deputies must keep detailed records of all transactions and submit an annual deputy report (and accounts) to the Office of the Public Guardian (OPG);
• Maintain a security bond — Most property and financial affairs deputies must take out a security bond (a form of insurance) to protect the person's assets from misuse;
• Seek court permission for specific acts — Deputies cannot sell the person's home, make a will, make gifts beyond small seasonal gifts, or take other significant steps without a specific court order.

The OPG supervises deputies and can investigate concerns about a deputy's conduct. If a deputy fails to meet their duties, the court can remove and replace them.

Applying to become a deputy involves submitting forms to the Court of Protection, paying a court fee (currently £371 for an application), and notifying certain people (including the person themselves, if possible, and close family members). The court assesses whether the applicant is suitable to be a deputy and whether deputyship is necessary.

Applications typically take three to six months to process. During this time, urgent decisions may need to be made under the general best-interests framework of the MCA (for health and care decisions) or through an emergency application to the court (for financial decisions). This delay is one of the major practical disadvantages of not having an LPA.

Ongoing costs of deputyship include the OPG supervision fee (currently £320 per year for general supervision), the cost of preparing annual deputy reports (often done by a solicitor), and the security bond premium. These costs are typically met from the person's estate.