Jessica Jarvis

Understanding deputyships can be a complex yet crucial task when managing the affairs of someone who cannot do so themselves. Here are the top 15 most commonly searched questions about deputyships.

1. What is a deputy and what do they do?

A deputy is a person appointed by the Court of Protection to make decisions for someone who can’t make decisions themselves due to a lack of mental capacity. This could include managing finances, making healthcare decisions, or handling personal welfare. Imagine you have a loved one with dementia who can no longer manage their bank accounts; a deputy would step in to help with those financial tasks.

2. How can someone become a deputy?

To become a deputy, you need to apply to the Court of Protection. This involves filling out several forms, such as the application form (COP1) and an assessment of capacity form (COP3), and paying a fee. The court reviews your application to ensure you are suitable for the role. For example, if you’re applying to manage a relative’s finances, you must demonstrate that you can handle financial matters responsibly.

3. What types of decisions can a deputy make?

Deputies can make decisions about finances, property, personal welfare, and healthcare, depending on what the court specifies in their appointment. For instance, a deputy might arrange for home care services if the person can no longer live independently.

4. What are the responsibilities of a deputy?

Deputies must act in the best interests of the person they represent, keep accurate records of their decisions and transactions, and submit annual reports to the Office of the Public Guardian (OPG). They must avoid conflicts of interest and manage the person’s affairs with diligence. For example, a deputy managing finances should keep detailed records of all transactions and decisions made on behalf of the person.

5. What fees are associated with being a deputy?

There are several fees, including a £400 application fee, a £500 fee if a court hearing is needed, and an annual supervision fee of up to £320. New deputies also pay a £100 assessment fee. These fees cover the administrative costs of managing the deputyship.

Deputies must obtain a surety bond to protect the assets of the person they are managing, with costs typically ranging from £100 to £500 annually, depending on the value of the estate and the level of risk involved. This bond acts as insurance, safeguarding the person’s assets against any potential mismanagement by the deputy.

6. How is mental capacity assessed for deputyship?

Mental capacity is assessed by a qualified professional who determines if the person can understand, retain, and weigh information to make decisions and communicate those decisions. This is often done by a doctor or a specialist in mental capacity assessments. For instance, if there is doubt about someone’s ability to manage their money due to a brain injury, a professional assessment will be conducted to determine their capacity.

7. What supervision is in place for deputies?

The OPG supervises deputies by reviewing annual reports and conducting visits if necessary. This ensures deputies fulfill their duties properly. For example, if a deputy fails to submit accurate reports, the OPG might increase their level of supervision.

8. Can deputies make gifts on behalf of the person they represent?

Deputies can make small, reasonable gifts on customary occasions, such as birthdays or holidays, but need court approval for significant gifts or for purposes like inheritance tax planning. For instance, a deputy might give a modest Christmas present to the person’s family but would need court approval to gift a large sum of money.

9. What happens if a deputy acts improperly?

The Court of Protection can remove or replace a deputy if they are not acting in the best interests of the person they represent. Complaints can be investigated by the OPG. For example, if a deputy misuses the person’s funds, they can be removed and potentially face legal consequences.

10. What is the difference between a deputy and a next of kin?

A next of kin does not have automatic legal authority to make decisions unless they are also appointed as a deputy. A deputy has legal authority granted by the court to make decisions on behalf of someone who lacks capacity.

11. Can a deputy be changed?

Yes, a deputy can be changed if there are valid concerns about their suitability or conduct. An application can be made to the Court of Protection to appoint a new deputy. For example, if a deputy is no longer able to perform their duties due to illness, a new deputy can be appointed.

12. How long does a deputyship order last?

A deputyship order lasts as long as the person needs help making decisions, until they regain capacity, or until they pass away. For example, if someone recovers from a temporary condition affecting their mental capacity, the deputyship can be ended.

13. What is a statutory will?

A statutory will is a will created and approved by the Court of Protection for someone who lacks the mental capacity to make one themselves. This ensures their estate is managed according to their best interests. For instance, if an elderly person with severe dementia has no valid will, a statutory will can be created to distribute their assets appropriately.

14. Do deputies need to involve family and friends in decisions?

Deputies should consult with family and friends where practical and appropriate to ensure decisions are made in the best interest of the person they represent. For example, they might discuss care options with the person’s relatives before making a final decision.

15. How can a deputy avoid conflicts of interest?

Deputies should keep their finances separate from those of the person they represent and seek court approval for transactions where there might be a conflict of interest. For example, a deputy should not borrow money from the person’s estate or mix their funds with personal accounts.

Understanding these aspects of deputyships can help you navigate the responsibilities and processes involved, ensuring that you can provide the best care and management for your loved one.