A deputy is someone who
is appointed by the Court of
Protection to manage the affairs
of another person who lacks the capacity to do so themselves.
In many instances where a loved one or friend has lost capacity, they will have made a Lasting Power of Attorney (LPA) to determine who will look after their affairs when they are no longer able however not everyone will have made an LPA. Their family members and friends will find themselves asking the question what if it’s too late to make an LPA?
In short, an application should be made to the Court of Protection to appoint a suitable individual as a deputy.
Much like attorneys, the role of a deputy is divided into two role, the management of the person’s property and finances and their health and welfare. It is fairly uncommon to be appointed as a health and welfare deputy as most of the necessary decisions about someone’s care and welfare can be made in their best without the need for a deputyship order. If there are doubts over these decisions, then the Court can be asked for their opinion on that specific decision, such as whether a person can live independently. You will however need a deputyship order to manage your loved one’s financial matters.
If you are appointed as a property and finance deputy you will need to manage all of the financial affairs of the individual, including paying their utility bills, care fees, managing their savings and investments etc. and your decisions will always need to be made in the best interests of the person you are acting for.
A deputy must keep detailed records of the decisions they have made and the individual’s finances and will need to report these every year to the Court of Protection.
If you would like to discuss being a deputy or a court of protection application further please contact Jasmin Howlett at jasmin@fairstep.co.uk or on 01394 277 941, alternatively fill out our contact form, and we would be happy to discuss your requirements in further detail.