What is deputyship?
When someone lacks the capacity to make decisions for themselves, and there is no power of attorney, the Court of Protection can appoint a deputy to be legally responsible for that person.
Deputyship can be required when a person with mental disabilities reaches adulthood, or in the event that an adult suffers from dementia or mental impairment as a result of a stroke, brain tumour or other disturbance.
The Court of Protection appoints two types of deputy:
- A deputy for property and financial affairs, responsible for issues such as paying bills, managing mortgages and savings, and pension planning.
- A personal welfare deputy, who manages the individual’s medical treatment and care arrangements.
The duties a deputy will carry out depend on the needs of the individual being represented, but the Court of Protection offers some guidance, which states they must act in the best interests of the individual and provide them with a high standard of care.
Your duties as a deputy prohibit you from restraining the person in your care, unless you need to do so for their own protection, and you must not prevent them access to vital medical treatment.
As a deputy, you cannot decide who the person in your care can communicate with.
The decisions you make on their behalf must not be made for your own personal gain, and you cannot make or change the person’s Will.
The Court of Protection also prohibits you from making gifts, holding money or holding property in your name on the other person’s behalf.
Your duties as a deputy include keeping detailed records of the finances and other arrangements that you manage on the individual’s behalf, and keeping your own money and property entirely separate from theirs.
A failure to comply with your duties as a deputy could lead to a fine or a prison sentence of up to five years if you are found guilty of mistreatment or neglect.