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If the person who lacks mental capacity recovers

If the person improves enough to make their own decisions, the deputy order will still remain in force unless:

• the deputy order expires
• the court makes an order ending the deputy’s appointment

The court will make an order if it is satisfied that the person is able to make their own decisions again. If you have been appointed as a deputy, this court order will tell you that your role has now finished.

• How to decide if a person lacks mental capacity

What happens when the court order ends

Some court orders are made with a time limit date, which means they will no longer apply after a particular date. When the court order expires, the deputy no longer has any powers or responsibilities.

If the person who lacks capacity still needs decisions made on their behalf after this date then a new application to the Court of Protection will need to be made.

If you were appointed as a deputy and want to continue your role, you can make an application to the Court of Protection. You can also make an application if you want to nominate someone else (with their agreement) for the role of deputy.

• Making an application to the Court of Protection

• Urgent and fast-track applications to the Court of Protection

What you should do if the person who lacks capacity dies

If the person who lacks capacity dies and you were acting as deputy, you will no longer have any responsibilities. You must inform the Office of the Public Guardian immediately if the person you are acting on behalf of has died.

The Office of the Public Guardian may require a final report of the your dealings and financial transactions as a deputy.

If the person who died had any funds held at the Court Funds Office, their legal representatives must contact the Court Funds Office directly.

• A guide for deputies using the Court Funds Office

What happens if the deputy dies

If the deputy dies, their legal representatives should advise the Office of the Public Guardian immediately.

If the person who lacks capacity still needs a deputy to make decisions made on their behalf then a new application to the Court of Protection will need to be made.

If the deputy is unable or no longer wants to continue

If you are a deputy and don’t want to continue with your role, or are unable to, you need apply to the Court of Protection. They will cancel the order and you will no longer have any responsibilities.

If a deputy is still needed to make decisions, you should try to find someone to act in your place. The court may not discharge you in your role as deputy if there is no one else to take over your responsibilities. If no one can be found to act in your place, the Court of Protection can appoint a panel deputy from an approved panel.

There are fees involved with the appointment of a panel deputy. These will have to be paid from the funds of the person who the deputy will be acting on behalf of.

If the court discharges the deputy

There are different reasons why the Court of Protection might make an order to end a deputy’s role.

If you are the deputy you may have requested this yourself or the court may have decided you have not carried out you duties correctly. Reasons for this could include not having acted in the person’s best interests.

The Office of the Public Guardian may require a final report of your dealings and financial transactions as a deputy after you have been discharged.

• Becoming a deputy and your responsibilities

• Concerns about an attorney, deputy or a decision made for someone else