Skip to main content

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.

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:

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

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

  1. Make sure the decision is in the person’s best interest
  2. Consider decisions the person made in the past
  3. Get advice from professionals involved with the person already (e.g., doctors, social workers, financial advisers) and the person’s relatives and friends
  4. Keep their own property and money separate from the person’s
  5. 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
  1. Take advantage of the person they act for as deputy in any way
  2. Restrain the person unless it is to stop them coming to harm
  3. Profit from a decision they have made on behalf of the person
  4. Stop life-sustaining treatment for the person
  5. Make or amend a will for the person (unless a statutory will applied for from the Court)
  6. Make gifts on the person’s behalf, unless authorised by a Court order
  7. 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

Very efficient and responsive. I look forward to continuing our relationship.
J. Hoogervorst, London
Expert help, explained clearly, greatly eased the Will process. Great communication throughout. Thank you Emily and Team.
Julie
I found things easy to understand. Everthing was explained fully. Very efficient and professional. All the staff were friendly and helpful. Will certainly recommend them.
Enid
Emily at Winston Solicitors Moortown has been dealing with probate for my deceased mother.There were some serious problems we had to deal with, regarding her will. Emily was brilliant she was always quick to reply to our emails. She was able to help us negotiate a difficult situation. I'd recommend using her for wills and probate
Susan
Emily was very professional and listened to my requirements when preparing my will. All sorted promptly and was kept advised on progress towards finalising. I like that she was approachable. Thoroughly recommend.
Susan
I found Monika very friendly and helpful. She talked me through the process of updating my Will, provided a great service and I would recommend her and Winston Solicitors.
Martin
A pleasure to deal with. Very helpful,courteous,friendly advice and assistance regarding LPA,s and wills.
Stephen
Very pleased with the service I received from Emily Spencer when writing my will and applying for Power of Attorney. Meetings were well prepared and any jargon explained in plain English..Everything went smoothly and I was kept informed throughout the process..
Anonymous
Contact Emily