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If someone lacks mental capacity and did not make a lasting power of attorney or an enduring power of attorney, while they still had “capacity”, then an application will need to be made to the Court of Protection for a deputy to be appointed to manage their affairs.
The Court of Protection deals with applications to appoint deputies for those who lack mental capacity and are unable to manage their own affairs or make decisions at the time they need to be made. The Court of Protection also deal with other applications such as to sell someone’s home, to buy a property, to make a statutory will, to terminate a tenancy and to make gifts. Once a deputy is appointed the Court of Protection alongside the Office of the Public Guardian help to supervise deputies and can investigate any safeguarding concerns.
What is a deputyship?
There are two types of deputyship:
- A deputy for property and financial affairs can make decisions about financial matters such as paying bills and managing pensions and property
- A deputy for health and welfare can make decisions about medical treatment and how someone is cared for.
It is rare for the Court to appoint a deputy for health and welfare decisions. The Court would usually prefer to make orders for health and welfare matters on a one-off basis, rather than appointing a deputy to make these decisions on an ongoing basis. If you are looking for assistance with a health and welfare issue, further information can be found here or you can contact us on 0191 232 9547 and ask to speak to our Court of Protection health and welfare team.
Deputy for property and financial affairs
Our experienced solicitors can assist and guide you through the slow and complex application process to become a deputy for property and financial affairs for your loved one.
Once you have been appointed as a deputy by the Court of Protection, you will need to manage the affairs of your loved one and send an annual deputy report to the Office of the Public Guardian each year to explain the decisions you have made. Your role may also involve:
- Completing tax returns
- Purchasing and/or selling property
- Obtaining advice from financial advisors
- Making an application for a statutory Will
- Ensuring all benefits are being claimed
- Ensuring any money is appropriately invested.
You will need to apply to the Court of Protection if you need to change or renew the court order.
If you have a family member or friend who needs a deputy to assist with their financial affairs but there is no one able or willing to take on the roll, we can be appointed as a professional deputy for property and financial affairs. Professional deputies are monitored by the Court of Protection and Office of the Public Guardian on an annual basis to ensure they are acting appropriately.
For further information or to arrange an appointment, please contact us on 0191 232 9547.
Frequently Asked Questions
Who can act as a Deputy?
To become a deputy, you must 18 or over and have the skills to make financial decisions for someone else. You must also not have a criminal record or have been declared bankrupt.
A deputy is usually a close relative or friend of the person needing help (who is known as P) however, a professional, such as a solicitor or accountant may also be appointed if necessary. A deputy can apply to be appointed on their own or two or more people can apply to be appointed to work together.
What is the process to become a Deputy?
You must file an application with the court including supporting information. This includes a capacity assessment of P about whether they have the relevant capacity to manage their own finances. It is also necessary to serve notice on a minimum of 3 people (usually family members) that the application is being made as well as serve notice on P.
The court will then process the application and refer it to a Judge for consideration. Once the application has been considered, the court will either make an order to appoint a deputy or make an interim order for example, to request further information before making a decision.
Can P regain control of their affairs?
If an order is made to appoint a deputy, then the deputy is under a duty to inform the court if P ever becomes capable of managing their finances on their own. The court has the ability to discharge the order but it is likely they would require a new capacity assessment to be completed.
Can a Deputy step down from the role?
If a deputy is no longer able to act, they can apply to court for a change in deputy. If there are concerns about the conduct of the deputy, then anyone can make a referral to the Office of the Public Guardian’s safeguarding team who will then investigate the matter.
It is important to note, that once a deputy is appointed, they are supervised by the Court of Protection and the Office of the Public Guardian and they are required to submit annual reports about P’s finances with documentary evidence. If there are concerns, the court has the power to remove a deputy or change the level of authority they have.
How Much Does It Cost to Become a Deputy?
The deputy role is unpaid, but the deputy should not be out of pocket, so all expenses can be paid from P’s funds. Examples of the costs involved (April 2025) are:
- The application fee to the Court of Protection is £408
- If the court decides that the case requires a hearing, the fee is £494
- There is a £100 assessment fee if you are a new deputy
- There is a further supervision fee every year after your appointment from £35 – £320
In some cases, you may be excused from paying fees depending on your personal finances. Please note, you may also have to set up a ‘security bond’ before appointment as a type of insurance that protects the finances of P.
