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Who can become a deputy

A deputy is usually a close friend or family member of the person who needs help making decisions. A deputy can also be a professional, such as an accountant or a solicitor. Any deputy must be over the age of 18.

The Court of Protection will decide who can be a deputy.

How you can become a deputy

You must apply to or be appointed by the Court of Protection to become someone’s deputy. You can be appointed as:

• a deputy for property and affairs
• a deputy for personal welfare

The court will send you an order – a legal document that details a decision they have made - appointing you as a deputy. Your order will explain what decisions you are legally allowed to make for someone else.

Your powers will be decided by the Court of Protection based on the other person’s needs and could include making decisions about money and healthcare.

You can read more about the Court of Protection and how they work with deputies by using the link below.

• The Court of Protection and how it appoints deputies

Your responsibilities as a deputy

The decisions you make as a deputy can have a big impact on the other person’s life. As a deputy, you should:

• only make decisions in the person’s best interests
• only make the decisions the court says you can make
• apply a high standard of care when making decisions

For advice on being a deputy, call 0300 456 0300 (Monday to Friday, 9.00 am to 5.00 pm, except on Wednesdays, 10.00 am to 5.00 pm)

There are more details about the guidance for deputies in the Mental Capacity Act 2005 Code of Practice.

• Download the Mental Capacity Act 2005 Code of Practice (PDF, 1131K)

• Download a guide for deputies appointed by the court of protection (PDF, 150K)

• Understanding the Mental Capacity Act

Making decisions for someone else

The decisions you can make as a deputy will be decided by the court. If a decision you want to make is not included in the order you can apply to the court. The court can either:

• change your powers so that you can make the decision
• make the particular decision instead of you doing so

Before you make a decision for someone else, you should consider if that person might be able to made the decision on their own. You can read more information about how to decide if a person lacks the mental capacity to make a decision.

When not to make decisions

As a deputy you are not able to make a decision for someone in certain circumstances. These include:

• when you believe the person can make the decision themselves
• when it will physically restrain the person, unless it is needed to prevent them coming to harm
• when it goes against a decision made by an attorney acting under a Lasting Power of Attorney
• when you want to stop life-sustaining, for example turning off a life-support machine

What you cannot do as a deputy

As a deputy you will not be able to make certain decisions. These include:

• making a will or any addition to a will on behalf of the person
• making large gifts out of the person’s money
• holding any money or property on behalf of the person

The Office of the Public Guardian can investigate you if they believe you are not fulfilling your duties properly. If you make decisions as a deputy that you are not allowed to make, you might be removed from your position.

Reporting to the Office of the Public Guardian

Your order may ask you to complete regular reports for the Office of the Public Guardian to monitor your work. This helps them understand the decisions you make as a deputy.

Reports are usually asked for once a year. The report should record all the decisions you made for the other person.

You can download the deputyship report form from the Ministry of Justice website using the link below.

• Form OPG102 - Deputyship report Opens new window

• Help with PDF files

Paying deputyship fees

You are responsible for paying a supervision fee to the Office of the Public Guardian if you are appointed as a deputy.

The fee will depend on the level of supervision you require. If you are eligible for an exemption or remission, you will not have to pay the full fee.

You can download more information about deputyship fees, exemptions and remissions using the link below.

• Form OPG120 - guidance on deputyship fees, exemptions and remissions (PDF, 309KB) Opens new window

Keeping records of decisions you make

You should keep a record of any decisions you make as a deputy. These could be:

• making a major investment
• changing the care a person is getting
• deciding where someone should live

You should record how you reached the decision, what things you thought about and who you spoke to about it. For example, making notes about any meetings with a doctor.

You should also keep any documents about decisions you have made. This includes receipts, bank statements and correspondence, letters and reports from health agencies or social services.

When the Court of Protection can appoint a panel deputy

The court can appoint a panel deputy to look after someone’s financial affairs if there is no one else able or willing to act.

A panel deputy is a member of a group of approved deputies with specialist knowledge of the Mental Capacity Act. They have the experience and skill to act in the role of deputy. The Office of the Public Guardian decides who can be a panel deputy.