What is Deputyship?
Deputyship is a legal arrangement where the Court of Protection appoints a person (a Deputy) to make decisions on behalf of someone who lacks mental capacity to make those decisions themselves.
The Deputy’s authority comes from a court order (often called a Deputyship Order or Deputy Order). The order sets out what the Deputy can do and any limits on their powers.
When do you need a Deputyship Order?
You may need a Deputyship Order if someone has lost mental capacity and:
- they did not make a Lasting Power of Attorney before losing capacity, or
- the existing Power of Attorney cannot be used (for example, it is not valid, it is being challenged, or it does not cover the decisions that now need to be made)
A Deputyship Order is commonly needed where practical decisions must be made quickly, such as paying bills, dealing with banks, managing benefits, arranging care fees, or selling property.
What are the different types of Deputyship?
The Court of Protection can appoint Deputies for different areas, depending on what is needed.
What is Property and Financial Affairs Deputyship?
This type of Deputyship allows a Deputy to manage finances and property, which can include:
- paying bills and care fees
- managing bank accounts and income
- dealing with pensions and benefits
- handling property issues, including sale or rental (where authorised)
- managing investments (where appropriate and authorised)
This is the most common form of Deputyship.
What is Health and Welfare Deputyship?
This type of Deputyship relates to decisions about care and personal welfare, such as residence and some aspects of medical treatment. Health and Welfare Deputyship is less commonly granted and is usually considered where ongoing decisions are required and there is a particular reason the court should appoint a Deputy.
How is Deputyship different from a Lasting Power of Attorney?
A Lasting Power of Attorney is made by the person themselves while they still have mental capacity, choosing who they trust to act for them in the future.
Deputyship is different because:
it is applied for after capacity has been lost- it requires a court process
- it can take time and involves ongoing court supervision and reporting requirements
If you are in a position to plan ahead, making a Lasting Power of Attorney can reduce the likelihood that your family will need to apply for Deputyship later.
Who can apply to become a Deputy?
A Deputy can be:
- a family member or friend, or
- a professional, such as a solicitor
Professional Deputy appointments are often considered when:
- there is no suitable family member or friend available
- there is a dispute within the family
- the finances or circumstances are complex
- there are safeguarding concerns
- an independent appointment is in the person’s best interests
What is a Panel Deputy and why does it matter?
Some professional Deputies are appointed to the Office of the Public Guardian’s Panel of Deputies. The Court of Protection can select a Deputy from this panel in cases where nobody else is willing or able to act.
Christopher Andrews, Senior Partner and Head of Private Client at John Fowlers, has been appointed to the Panel of Deputies. This reflects recognised experience in Court of Protection work and supports our ability to help vulnerable clients when an independent professional Deputy is needed.
How long does a Deputyship application take?
Timescales vary depending on the circumstances, the evidence available, and whether there are objections or urgent issues.
Some cases can be progressed more quickly where an emergency application is appropriate, for example if funds are needed urgently for care or there is an immediate risk to the person’s welfare or finances.
We will give you a realistic view of likely timescales once we understand your situation.
How much does Deputyship cost?
Costs can include:
- court fees for the application
- professional fees for preparing the application (if you instruct a solicitor)
- the cost of medical evidence
- ongoing supervision fees and reporting requirements once a Deputy is appointed
Because every case is different, we will explain likely costs at the outset and keep you informed as the matter progresses.
What responsibilities does a Deputy have after appointment?
A Deputy is expected to act in the person’s best interests and follow the scope of the Deputyship Order. Deputies may also have ongoing duties such as:
- keeping clear financial records
- preparing accounts and reports as required
- seeking further authority for major decisions where needed
- ensuring decisions reflect the person’s needs and circumstances
This is where many families value ongoing legal support, particularly if the estate is complex or there are safeguarding concerns.
How can John Fowlers help with Deputyship and the Court of Protection?
Our Court of Protection team can help at every stage, including:
- advising whether Deputyship is needed and which type applies
- preparing and submitting Deputyship applications
- dealing with supporting evidence and court paperwork
- advising on urgent and emergency applications
- acting as a professional Deputy where appropriate
- helping with annual reporting and ongoing compliance
- supporting related applications, such as statutory wills and approval of gifts
If you are dealing with a loved one’s loss of capacity, we can guide you through the process and handle as much of the formal work as possible, so you can focus on care and practical decisions.
How do I speak to a Deputyship solicitor?
To discuss Deputyship, Court of Protection applications, or professional Deputy appointments, contact Christopher Andrews at John Fowlers:
You can also email info@johnfowlers.co.uk and your enquiry will be directed to the appropriate member of the team.