A GUIDE TO BECOMING A DEPUTY
Overview
A deputy is someone appointed to make decisions for someone who is unable to do so on their own due to loss of mental capacity and is therefore unable to make a Lasting Power of Attorney for Property and Financial Affairs and Health and Welfare.
Who can be a deputy
A deputy is usually a close friend or relative of the person who needs help making decisions.
A deputy can also be a professional, like an accountant or a solicitor.
Deputies must be over 18 and not have been declared bankrupt or have a criminal convictions.
Responsibilities
The Court of Protection will tell the deputy about their their powers and responsibilities and what decisions they can and can’t make – eg about money or healthcare.
Deputies must only make decisions in the other person’s best interests, decisions the court says they can make and apply a high standard of care when making decisions.
Decisions a deputy cannot make
Deputies can’t make a decision for someone if:
• they believe the person can make the decision without their help
• it goes against a decision made by an attorney acting under a Lasting Power of Attorney
Deputies can’t:
• restrain the person, unless it’s to stop them coming to harm
• stop life-sustaining medical treatment, eg turn off a life-support machine
• make a will for the person, or change their existing will without a Court Order.
• make large gifts out of the person’s money
• hold any money or property in their own name on the person’s behalf
Apply to become a deputy
If you want to apply to become a deputy, please contact us and we will assist you with the application process with the Court of Protection.
If the court approves your application, they will send you a court order appointing you as a deputy. The court order will explain what decisions you’re legally allowed to make.
Reports and supervision
The court order may say that you need to make regular reports to the Office of the Public Guardian. This is to make sure the you’re acting in the person’s best interest.
Keep a record of any decisions you make – eg: making a major investment, changing the care a person is getting or deciding where someone should live
Keep copies of any documents about decisions you’ve made, eg: receipts, bank statements, letters and reports from health agencies or social services
You usually have to complete a report once a year, using the deputy declaration form.
Being supervised as a deputy
The Office of the Public Guardian may decide to supervise your role as a deputy.
There are different levels of supervision depending on:
• the complexity and value of the estate of the person you’re acting for
• your relationship with the person you’re making decisions for
• the types of decisions you’re allowed to make
Supervision fees
You’ll have to pay a supervision fee to the Office of the Public Guardian if you’re appointed as a deputy.
The fee will depend on the level of supervision.
You may be able to get help with fees or a discount if you’re on certain benefits or a low income.
Cancel or end a deputy’s responsibilities
A deputy’s role can end or be cancelled for a number of reasons:-
• The Court Order Expires
• The Court of Protection ends the deputy’s role
• The person who needs a deputy dies
• The deputy dies
Please contact:
At our Crewe Office: Alison Greatbanks on either 01270 21200 or agreatbanks@hswsolicitors.co.uk and Sophie Whittingham on either 01270 21200 or swhittingham@hswsolicitors.co.uk
At our Nantwich Office: Angela Lewis on either 01270 610300 or alewis@hswsolicitors.co.uk and Hugh Lewis-Morgan on 01270 610300 or hlewis-morgan@hswsolicitors.co.uk
