Deputies: make decisions for someone who lacks capacity: Overview - GOV.UK
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Deputies: make decisions for someone who lacks capacity
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Overview
You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.
People may lack mental capacity because, for example:
they have had a serious brain injury or illness
they have dementia
they have severe learning disabilities
As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf.
This guide is also available
in Welsh (Cymraeg)
If you live in Scotland
You cannot apply to be someone’s deputy. You can
set up a guardianship
instead.
If you live in Northern Ireland
You cannot apply to be someone’s deputy. You can
apply to become a controller for someone
instead.
Types of deputy
There are 2 types of deputy.
Property and financial affairs deputy
You’ll do things like pay the person’s bills or organise their pension.
Personal welfare deputy
You’ll make decisions about medical treatment and how someone is looked after.
You cannot become someone’s personal welfare deputy if they’re under 16.
Get legal advice
if you think the court needs to make a decision about their care.
The court will usually only appoint a personal welfare deputy if:
there’s doubt whether decisions will be made in someone’s
best interests
, for example because the family disagree about care
someone needs to be appointed to make decisions about a specific issue over time, for example where someone will live
Read the full guidance about
when you need to make a personal welfare application
Becoming a deputy
You can apply to be just one type of deputy or both. If you’re appointed, you’ll get a court order saying
what you can and cannot do
When you become a deputy, you must send an
annual deputy report
to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made.
Apply to the Court of Protection if you need to
change or renew your court order
You’ll continue to be a deputy until
your court order is cancelled or expires
How to apply
Check you meet
the requirements to be a deputy
The application process is different depending on whether you’re:
applying to be a personal welfare deputy
applying to be a property and financial affairs deputy
You’ll also need to
pay an application fee
You do not need to be a deputy if you’re just looking after someone’s benefits. Apply to
become an appointee
instead.
Checks on your application
The Court of Protection will check:
whether the person needs a deputy or
some other kind of help
there are no objections to your appointment
If you’re appointed, the Office of the Public Guardian will
help you carry out your responsibilities
Other ways to make decisions for someone
If you want to make a single important decision, you can
apply to the Court of Protection for a one-off order
If the person already has a lasting power of attorney (
LPA
) or enduring power of attorney (
EPA
), they do not usually need a deputy.
Check if they have an
LPA
or
EPA
before you apply.
View a printable version of the whole guide
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