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

We are very grateful to Emily and all at Winston Solictors who have gone above and beyond and been so helpful and professional. All queries were responded to quickly and it really felt llike a personal service, tailored to me. We are extremely grateful to them for everything.

Katherine

Emily SPENCER gave me a helpful and timely and efficient update of my will, problem free.

David

The work was done in a timely & professional manner

Anonymous

Emily Spencer helped us review & redraft our wills. From start to finish Emily was very efficient and helpful. She explained legal issues. Very clearly for us. We would highly recommend her.Many thanksLouise Elliott

Louise

Aged 91 I needed to rewrite my will and transfer my affairs from a city-centre solicitor to one more accessible for myself and my executors. Winston proved an ideal choice. Emily was most helpful and efficient with the will, and I am confident that my estate will be dealt with just as well.

David

I recently had my will written by Winston's Solicitors, and I couldn't be happier with the experience. From my very first contact with the firm, every member of staff was professional, courteous, and attentive to my needs.The solicitor who handled my will took the time to explain everything clearly, making sure I understood each part of the process and felt confident in the decisions I was making. There was no rushing or jargon — just clear, patient guidance through what can often feel like a daunting task.What stood out most was the consistent professionalism across the entire team, from initial enquiry to the final signing. It's clear that client care is a genuine priority at this firm, not just a tagline.I'd happily recommend Winston's Solicitors to anyone looking for a trustworthy, knowledgeable, and professional team to handle their will or other legal matters. Thank you for making the process so straightforward and stress-free.

Richard

We are very grateful to Winston Solicitors for their help in sorting out matters relating to a Last Will and Testament along with a Family Trust. As this was not a straightforward matter, we had no idea where to begin but, thanks to Monika Volsing and her team, this has now been completed. It has taken a good few months but Monika has been there to explain and carry out every step that needed to be undertaken. There is no way we could have done this without Winston Solicitors and I cannot recommend them highly enough

Lynne

Emily provided very clear advice and was extremely professional, proactive and efficient.

Philippa