Understanding Deputyship Orders

When a loved one can no longer make decisions for themselves, families often feel unsure about what to do next. In this latest article, in our series designed to make legal matters easier to understand, Kelly Dawkins - Head of Private Client at TMT Legal Services, explains what a deputyship order is, when it is needed, and what the process involves and how we can help clients navigate these situations with clarity and reassurance.

What Is a Deputyship Order?

A Deputyship Order is a legal appointment made by the Court of Protection. It gives someone authority to make decisions on behalf of a person who lacks the mental capacity to make those decisions independently. The appointed individual, known as the deputy, is responsible for ensuring that all decisions are made in the person’s best interests and in line with the Mental Capacity Act.

Most deputyships relate to property and financial affairs, although in certain situations the Court may also grant authority to make decisions about health and welfare.

When a Deputyship Order May Be Needed

A deputyship order is usually required when someone has already lost the mental capacity to make key decisions and did not set up a Lasting Power of Attorney beforehand. This situation may arise due to a condition such as dementia, a brain injury, illness, or a learning disability. If decisions need to be made about money, property, care arrangements or welfare and there is no valid power of attorney in place, applying to the Court of Protection becomes necessary.

Types of Deputyship

The first and most common type is a Property and Financial Affairs Deputyship. This allows the deputy to manage bank accounts, pay bills, deal with pensions or benefits, and look after property. The aim is to ensure that the person’s financial life continues smoothly and responsibly.

The second type is a Health and Welfare Deputyship. These orders are granted far less frequently and are usually considered only when ongoing decisions about care or medical treatment cannot be resolved in any other way.

Who Can Act as a Deputy?

A deputy is often a trusted family member or friend who is familiar with the individual’s needs. In situations where the decisions are complex, or when there is no suitable family member available, a professional deputy, for example, someone from TMT Legal Services may be appointed. The Court of Protection looks at whether the proposed deputy is suitable, organised and able to act in the person’s best interests at all times.

How the Application Process Works

The process begins with a formal assessment of the person’s mental capacity. This is usually completed by a doctor or social care professional and provides the court with essential evidence.

Once capacity has been confirmed, the application is prepared and submitted to the Court of Protection. This stage involves setting out the reasons deputyship is needed and providing detailed information about the person’s circumstances and finances. Notices must also be sent to certain individuals so they have the opportunity to raise any concerns.

The Court reviews the application, considers any objections and decides whether to grant the order. If the order is approved, the deputy will be required to register with the Office of the Public Guardian and may need to put a security bond in place. The bond acts as an insurance safeguard for the person lacking capacity.

The Role and Responsibilities of a Deputy

Being a deputy carries ongoing responsibilities. The deputy must keep accurate records, manage finances responsibly and submit yearly reports to the Office of the Public Guardian. Certain major decisions may require further approval from the Court. Throughout the role, the deputy must follow legal guidance and always act with the person’s best interests at heart.

We understand that applying for a deputyship order can feel overwhelming, especially during an emotional period. Our team provides clear and compassionate guidance throughout the entire process. We help prepare the application, communicate with the Court of Protection, and offer ongoing support once the order is in place. We can also act as professional deputies where required, ensuring that your loved one’s affairs are managed with care, transparency and expertise.

Our offices in Hythe, Chandlers Ford, Bitterne and Horsham are here to help. Get in touch today and receive clear, practical advice.