What is a Court of Protection Deputy?
A deputy is a person appointed by the Court of Protection to make help make decisions for a person who is unable to do so on their own.
Who can be appointed Deputy by the Court of Protection?
The person appointed as Court of Protection deputy is often a family member of the person who needs help making decisions. Sometimes a family member. A Court of Protection deputy could also be a professional, such as an accountant or a solicitor or a local authority employee, all of whom are professionals and will need to be paid. A deputy cannot be under 18.
The decision as to who will be appointed as a deputy is made by the Court of Protection who may need to sift the claims and counter claims of people fighting over who should be appointed. The process is not quick, and can be very expensive if there is a fight. As the Court of Protection will not know who family really are, they can only make a judgement on the information they receive. The only sensible course is to make Lasting Powers of Attorney well in advance, rather than wait until you need to become a Court of Protection Deputy.
How can you apply to become a Court of Protection deputy?
The Court of Protection appoint deputies: you apply to or are appointed by the Court of Protection to become someone’s deputy. You can become:
- a deputy appointed to manage property and affairs.
- a deputy appointed to look after personal welfare.
If you are accepted by the Court of Protection, they will send you a Court Order appointing you as a Court of Protection deputy. The order will explain what decisions you are legally allowed to make for they person you have been appointed as deputy for.
The limits of your authority are decided by the Court of Protection based on the other person’s needs and could include making decisions about money and healthcare.