Deputyship order: how to manage someone’s affairs through the court

Watching a loved one become unable to manage their affairs due to illness or injury is stressful. Without a Lasting Power of Attorney, helping them can feel overwhelming. A deputy order lets you legally manage their finances and, in some cases, welfare decisions. It is different from a Lasting Power of Attorney, so choosing the right route matters. For wider context, read our guide to Court of protection UK: when it steps in and how to apply. The Court of Protection process can be complex, so a specialist wills trust and estate solicitor can guide you. This guide explains how to become a deputy.

Key takeaway: What is a deputyship order and how does it work?

A deputyship order is a legal document issued by the Court of Protection. It authorises a specific person to make important decisions on behalf of an individual who lacks the mental capacity to make those decisions themselves.

This guide explains the different types of deputyship, your legal duties and how to apply to the court.

Define deputy: understanding the difference between a deputyship and an attorney

To properly define deputy, we must look at the Mental Capacity Act 2005. A deputy is an individual appointed by the Court of Protection to manage the affairs of someone who lacks mental capacity.

People often confuse the terminology, sometimes looking for a “deputy power of attorney”. Legally, these are two different legal arrangements:

• Lasting Power of Attorney (LPA): This is created by the individual while they still have mental capacity. They choose their own attorneys to act on their behalf. You can find more details in our Lasting Power of Attorney guide to see how these documents work before capacity is lost.
• Deputyship: This is arranged after the individual has lost capacity. The court decides who is suitable to be appointed.

An individual might lack capacity due to a severe brain injury, dementia, or severe learning disabilities. If they have a condition that means they have never had capacity, they cannot make an LPA, making a deputyship the only legal route.

Scenario:

Sarah’s father had a severe stroke and lost mental capacity before setting up a Lasting Power of Attorney. She must apply to the court for a deputy order to manage his finances legally.

The two types of court appointed deputy

When you apply to the court, you must specify which areas of the person’s life you need to manage. There are two distinct types of court appointed deputy.

Property and financial affairs deputy

This is the most common type of deputyship. It allows you to manage the individual’s assets, income, and day-to-day financial obligations.

Responsibilities often include:

• Paying utility bills and care home fees.
• Organising pensions and managing state benefits.
• Ensuring tax returns are filed and tax is paid.
• Managing a personal injury award if the capacity loss resulted from an accident. In such cases, understanding what personal injury means can help you understand the compensation that may need managing.
• Buying, selling or renting property (though specific court permission is often required for property transactions).

Personal welfare deputy

A personal welfare deputy makes decisions about medical treatment and care. The court usually prefers one-off decisions rather than ongoing appointments.

Real-life example:

David was born with severe learning disabilities and never had the capacity to make his own decisions. His parents exercised parental responsibility throughout his childhood. When David turned 18, this parental responsibility automatically ended. His parents applied to become personal welfare deputies to continue making essential healthcare and care arrangements on his behalf.

Who can apply for a deputy ship and the application process

To apply for a deputyship, you must be 18 or over. Usually, a spouse, partner, or close family member takes on the role. If no family member can act or is unsuitable, a professional deputy may be appointed, especially for complex or high-value assets.

You can apply alone, or multiple deputies can be appointed. They may act jointly, meaning they must agree on every decision, or jointly and severally, meaning they can make decisions independently or together.

The application process involves:

• Completing forms with details of the person’s circumstances, finances, and family.
• Obtaining medical evidence from a qualified professional confirming lack of capacity.
• Paying the £421 fee to the Court of Protection.
• Notifying relevant parties so they have the chance to object.

Court of protection deputy duties: your legal responsibilities

Taking on court of protection deputy duties is a serious responsibility. You are legally bound by the Mental Capacity Act 2005 always to act in the “best interests” of the person you represent. This means considering their past and present wishes, feelings, beliefs, and consulting with their carers and family.

To help you understand your limits, here is a summary of what you can and cannot do:

Deputies must keep detailed records and separate the vulnerable person’s money from their own, usually through a dedicated account.

Fictional scenario:

Mark, a financial deputy for his mother, pays her care home fees, submits an annual report to the Office of the Public Guardian, and renews his security bond to maintain transparency and help protect her estate.

FAQs

Are deputies supervised by the court?

Yes. Once appointed, deputies are supervised by the Office of the Public Guardian (OPG). The OPG assesses your suitability and sets a level of supervision, which may range from minimal to general supervision. You will usually be required to submit a detailed annual deputyship report.

What happens if I live outside England and Wales?

The Court of Protection only covers England and Wales. If you live in Scotland, you cannot apply to be a deputy; you must set up a guardianship instead. If you live in Northern Ireland, you must apply to become a controller.

How much does a deputyship order cost?

You must pay a £421 application fee directly to the Court of Protection. You may also have to pay an annual supervision fee to the Office of the Public Guardian, and financial deputies must pay for an annual security bond to protect the person’s assets.

Becoming a court-appointed deputy can help you protect a vulnerable loved one. Managing finances, medical care, or complex assets requires diligence, transparency, and careful adherence to the law. Understanding your role and seeking legal guidance can help ensure their best interests are protected.

This guide provides general information only and does not constitute legal advice.

Deputyship applications and Court of Protection rules are subject to change, and individual circumstances require tailored legal assessment.

KEY TAKEAWAYS:

• You must apply to the Court of Protection, pay a £421 fee, and provide medical evidence proving the individual lacks mental capacity.
• A deputy can manage daily finances and pay bills but cannot make or change a will, hold the person’s money in their own name, or make substantial gifts without court permission.
• The Office of the Public Guardian supervises deputies, which may include annual reports and a security bond to protect the vulnerable person’s assets from mismanagement.