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 320 5000 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 320 5000 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

Many thanks to Monika and staff at Street Lane office for their help and understanding at what was a very sad time for me. So efficient.Ann Campbell

Ann

Monika made the whole Wil process very simple & was more than happy to explain any concerns we had.

Jane

Emily was a very patient and supportive lady, as we were not very clued in to dealing with some of the internet issues and she guided us through it.Emily made altering our wills a breeze, would use this firm Winston solicitors 100 percent for all our business.

Tina

I received a welcoming and efficient service from Monika at Winston’s. A lovely, friendly lady that was very professional at the same time. I would use Winston’s again.

Michelle

Emily clearly explained the process to have an Lasting Powers of Attorney for Property and Finance and Health and Welfare.She communicated with precision giving the client the needed information .I would definitely recommend her .

Rosamund

I was dreading the probate process after my husband sadly died earlier this year. Friends who had been in the same situation warned me it could take months or even years. I didn't even know what it involved, it was a complete mystery to me!Thank good ness for Emily Spencer at Winston solicitors who talked me through the whole process and told me what information I needed to complete the paperwork. Emails and phone queries were answered very promptly and once I'd submitted all the figures the grant of probate was applied for by Emily and was returned within a few weeks, not months! Great result and nothing like the trauma I was anticipating.

Patricia

Very handy as a local north Leeds firm, no need to travel to Leeds. Understood exactly what we required and prepared the documents carefully and quickly. Kept us informed as to progress throughout. I would recommend them for any private client work.

Michael

I have always had friendly and efficient service from Winstons

Carol