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What is a Deputy?

If you support someone who can’t make decisions, and no one has been legally appointed to help them, you can apply to the Court of Protection to choose a deputy to make safe, appropriate decisions in their best interests.

 

If you still have capacity consider appointing a Lasting Power of Attorney.

If you know someone who has lost capacity and has no one to support them, an IMCA can be appointed to make decisions in their best interests.

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Key points

 

  • A deputy is appointed when a person has lost mental capacity and does not have a lasting power of attorney in place.
  • There are three ways to support someone who cannot make their own decisions: a lasting power of attorney, a court‑appointed deputy, or an IMCA (Independent Mental Capacity Advocate).
  • A lasting power of attorney is the preferred option because it allows a person with capacity to choose a trusted individual to make decisions on their behalf.
  • If someone has already lost capacity and has no attorney, a deputy can be appointed to make decisions about their health, welfare, property, or finances.
  • A deputy is appointed by the Court of Protection, which issues a court order allowing them to act on the person’s behalf.
  • Becoming a deputy is a detailed legal process that requires the agreement of three people who know both the applicant and the person who has lost capacity.
  • Deputies must act in the person’s best interests at all times and make decisions the person would likely have chosen themselves.
  • Deputies have significant responsibilities, including submitting an annual report to the Court of Protection.
  • Some decisions, such as selling the person’s home, require a separate court order because of the major impact these decisions can have.
  • Deputies can face legal consequences, including imprisonment, if they fail to act in the person’s best interests or misuse their authority.
  • Despite the responsibilities, becoming a deputy for a loved one ensures that important decisions are made by someone who genuinely cares about their wellbeing.
  • More guidance can be found on the UK Government’s Office of the Public Guardian website.
Printable information sheet

Meet our experts

Dr Ros Taylor MBE

Dr Ros Taylor has over 30 years of experience in palliative care and was awarded an MBE for Services to Hospice Care following a nomination by a patient. She was Clinical Director at Hospice UK, a national umbrella organisation for the hospice/ palliative movement, advocating for improved access to palliative care in all settings including care homes. In January 2020, she took on the medical leadership role to re-open Michael Sobell Hospice in West London. She has contributed to the Lancet Commission on the Value of Death on topics such as the ‘will to live’, power and gender issues. She is a Senior Advisor to the Montreal International Congress on Palliative Care, and has most recently developed a new resource, HPAL, which curates essential palliative information for both family and professional caregivers.

 

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The resources available are not, and are not intended to be, medical advice, which should be tailored to your individual circumstances.  The resources are for your information only, and we advise that you exercise your own judgment before deciding to use the information provided. Professional medical advice should be obtained before taking action. Full terms and conditions.