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The role of a deputy

A deputy can be appointed by the Court of Protection to look after the finances of someone who is unable to make their own decisions. For example, the person might have a mental health condition that affects their judgement. A deputy has certain roles and responsibilities and must make decisions in the other person’s best interest.

If you are appointed as a deputy by the Court of Protection, you will be given an official document called a court order. This will tell you your responsibilities and what decisions you can make on someone else’s behalf.

The powers you can be given as a deputy depend on the needs of the person you have been appointed to help.

When acting as a deputy, the decisions you make can have a big effect on the other person. In order to carry out your responsibilities properly, things you should remember include:

• only make those decisions you are allowed to make by the order of the court
• make decisions in the person's best interests
• pay attention to all relevant guidance in the Mental Capacity Act code of practice

• Understanding the Mental Capacity Act

Opening a Court Funds Office account for someone else

You may need to open a Court Funds Office account if you have been appointed as a deputy by the Court of Protection. To open a Court Funds Office account for someone else, you will need to complete two forms:

• form A - this is required to be able to take money out of a Court Funds Office account
• form L - this allows for payments into an account

When filling out form A, you will need to make sure the following things are completed or included:

• full name of the client (the person you are acting as a deputy for)
• the case number (you can find this on the court order you received when you were appointed as a deputy)
• the ‘NEW DETAILS’ box is ticked
• the order date (you can find this on the court order)
• details of the bank account you will use a deputy
• your contact details, making sure you sign and date the form
• a recent bank statement from the bank account you will use a deputy (no more than three months old)

Send both completed forms and a sealed copy of the court order you received when you were appointed as a deputy to:

Court Funds Office
Glasgow
G58 1AB

Form A and form L can be downloaded using the links below.

• Download 'Form A - authority to access the Court Funds Office account' (PDF, 131K) Opens new window

• Download 'Form L - payment into the Court Funds Office' (PDF, 33K) Opens new window

• Help with PDF files