Who can apply to be a deputy and what are their responsibilities?

Who can apply to be a deputy?

Usually, deputies are close relatives or friends of a person who does not have the mental capacity to make decisions for themselves. Sometimes they will be professionals, like a solicitor or accountant. A deputy must always be aged 18 or over. In addition, they must have the skills to make decisions on the person’s behalf, such as in relation to finances if they are applying to be the person’s property and financial affairs deputy. The Court of Protection has the ultimate say in who can be a deputy for a vulnerable person – they consider the deputyship application and if the deputy is suitable, they issue a deputyship order. The deputy can then act for the person.

Call us today on 0113 218 5497 to discuss deputyship applications

Can the court appoint more than one deputy?
What is a deputy’s responsibility?
What should a deputy not do:

Can the court appoint more than one deputy?

Yes, if more than one person is applying to be a deputy, then they need to tell the court how they will make decisions together. The options are:

Jointly – all deputies must agree and act on all decisions together
Jointly and severally – the deputies can make decisions collectively or on their own

What is a deputy’s responsibility?

A deputy is responsible for making decisions on behalf of the person they act for. In doing so, they must:

Make sure the decision is in the person’s best interest
Consider decisions the person made in the past
Get advice from professionals involved with the person already (e.g., doctors, social workers, financial advisers) and the person’s relatives and friends
Keep their own property and money separate from the person’s
Record every decision they make for the person and keep detailed financial accounts for the person to submit to the Office of the Public Guardian in an annual report

Call now on 0113 218 5497 to discuss deputyship applications

What should a deputy not do:

Take advantage of the person they act for as deputy in any way
Restrain the person unless it is to stop them coming to harm
Profit from a decision they have made on behalf of the person
Stop life-sustaining treatment for the person
Make or amend a will for the person (unless a statutory will applied for from the Court)
Make gifts on the person’s behalf, unless authorised by a Court order
Combine their property and money with the person’s property and money

NB: timescales and fees are subject to change – please ask for details.

Client feedback

Emily Spencer from Winston Solicitors handled the setup of our Will efficiently and professionally from start to finish. She explained everything clearly, answered all our questions, and made what could have been a daunting process feel straightforward and stress-free. My wife and I both felt well looked after and confident that everything was done properly. We would happily recommend Emily and Winston Solicitots to anyone needing this kind of service. Thank you, Emily!

Anonymous

We updated our wills. Emily explained everything in detail and answered all our questions. In doing this she was very patient and professional.

Harry

Professional and approachable staff. Emily was very thorough and guided us through the process in an understanding way, explaining things well so we were able to make informed decisions.

Adele

Hi . Great service from you guys all the way from the beginning to the end I will happily use this firm again and again in the future, great communication throughout the process of writing myself and family’s will , thanks you

Belal

Emily Spencer at Winstons has been enormously helpful in getting us to do our wills. She has provided expert and very professional help.

Paula

We were very impressed with the service.

Frederick

We had our wills updated recently, as well as seeking advice on inheritance tax. Emily Spencer was fantastic, responsive to our needs, and initiated giving good advice and feedback where required. We were not the easiest of clients to track down due to our busy work lives and she patiently nudged us along to get the wills completed. Very pleased with the service we have received from Winstons over the years.

Jacqui

I recently used Winston Solicitors to write my Willl and was supported by Emily Spencer throughout the process.From the outset, Emily was extremely helpful. Our initial meeting gave me a clear understanding of what information I needed to provide and what the Will would deliver. She explained everything in a straightforward and reassuring way, which made the process easy to follow.Overall, Emily made what could have been a complex task feel simple and effortless. I would highly recommend Winston Solicitors to anyone looking to put a Will in place.

Nigel