When a person loses the mental capacity to make certain decisions for themselves, important choices about their finances, property, health, or welfare still need to be made.
According to the latest Ministry of Justice statistics, there were over 10,000 applications made under the Mental Capacity Act in the final quarter of 2025 alone, highlighting just how many families and professionals are navigating these situations.
In these circumstances, the law provides a framework for appointing a Court of Protection deputy to make decisions in the person’s best interests, under appropriate oversight.
In this guide, we will explore the key responsibilities of a deputy, the duties they must fulfil, and the standards they are expected to uphold when acting on someone else’s behalf.
What is a Court of Protection deputy?
A Court of Protection deputy is someone appointed by the Court to make decisions on behalf of a person who no longer has the mental capacity to make those decisions themselves.
This situation can arise for many reasons. Someone may have:
- Developed dementia
- Suffered a serious brain injury
- Experienced a stroke
- A condition that affects their ability to understand or weigh up information when making decisions
Unlike a one-off decision made by the Court of Protection, a deputy is given ongoing authority to act on behalf of the individual. Their role is to ensure important matters continue to be managed safely and in the person’s best interests.
In many cases, a family member or close friend takes on this responsibility. However, where there is no suitable relative available, or where the circumstances are particularly complex, the Court may appoint a professional deputy, such as a solicitor.
Being appointed as a deputy is not simply a matter of stepping in and making decisions. It comes with legal responsibilities and strict duties.
Deputies must always act in the person’s best interests and make decisions that are as least restrictive as possible while still protecting the individual’s welfare and financial security.
The two types of Court of Protection deputies
There are two main types of deputyship: property and financial affairs deputyship, and personal welfare deputyship.
Property and financial affairs deputies
This is the most common type of deputyship. Their responsibilities can include:
- Paying household bills
- Managing bank accounts
- Collecting pensions or benefits
- Dealing with investments
- Handling tax matters
- Making decisions about property
In some cases, they may need to sell a home or arrange care funding, although certain decisions may require additional approval from the Court.
Personal welfare deputies
A personal welfare deputy makes decisions about a person’s care, support, and day-to-day welfare. This could include matters such as:
- Where they live
- The care services they receive
- Certain healthcare decisions
However, personal welfare deputyships are far less common. The Court of Protection generally prefers decisions about care and treatment to be made collaboratively by healthcare professionals and family members under the principles of the Mental Capacity Act.
As a result, the Court will usually only appoint a welfare deputy where there is an ongoing need for someone to make decisions and where there is evidence that disputes or difficulties are likely to arise.
Key duties and obligations of a Court of Protection deputy
Being appointed as a deputy comes with significant legal responsibilities. These include:
Following the principles of the Mental Capacity Act
Deputies must comply with the principles set out in the Mental Capacity Act.
This means supporting the individual to make their own decisions wherever possible and ensuring any decisions made on their behalf are necessary and proportionate.
Acting within the scope of the deputyship order
A deputy can only make decisions that fall within the powers granted by the Court.
Some actions, particularly those involving substantial financial transactions or significant changes to a person’s circumstances, may require further approval from the Court of Protection before they can proceed.
Keeping accurate records
Deputies are expected to maintain clear records of decisions, financial transactions, and correspondence relating to their role.
Good record-keeping helps demonstrate that decisions have been made appropriately and provides evidence if questions arise in the future.
Managing risks and safeguarding assets
Where a deputy has responsibility for property and financial affairs, they must take reasonable steps to protect the person’s assets and financial wellbeing.
This may involve reviewing expenditure, ensuring appropriate insurance is in place, and seeking professional advice when required.
Consulting with relevant people
Deputies should not make important decisions in isolation. Family members, carers, healthcare professionals, and other advisers can often provide valuable insight into the person’s wishes, preferences, and needs. Taking these views into account can help ensure decisions are made in the individual’s best interests.
Remaining accountable
Deputies are subject to ongoing supervision by the Office of the Public Guardian and may be required to provide information about the decisions they have made.
This accountability helps ensure deputies continue to act responsibly and in accordance with their legal duties.
The application process
Applying to become a deputy can feel daunting at first, particularly when families are already dealing with the challenges that come with a loved one losing capacity.
Here are some common questions we are asked at Peter Ross about the application process.
How does the Court assess an application?
Before making a deputyship order, the Court reviews the information submitted alongside the application. This includes medical evidence confirming that the individual lacks the capacity to make the relevant decisions.
The Court may also notify certain individuals connected to the person concerned and provide an opportunity for any concerns or objections to be raised.
This helps ensure the proposed arrangements are appropriate and that the appointment is in the person’s interests.
How long does the process take?
Deputyship applications are not usually completed quickly. Timescales can vary depending on the complexity of the case, whether additional information is required, and whether any objections are received during the application process.
Due to these factors, it is important to seek advice and begin the process as early as possible where deputyship may be required.
What costs are involved?
There are several costs associated with a deputyship application. These can include Court fees, supervision fees payable to the Office of the Public Guardian, and the cost of a security bond where required.
Some applicants also choose to instruct a solicitor to assist with the process, particularly in more complex cases or where substantial assets are involved.
Why planning ahead can make a difference
Many deputyship applications arise because no arrangements were put in place before a person lost capacity.
Where possible, creating a Lasting Power of Attorney while someone still has capacity can provide greater flexibility and allow them to choose who will make decisions on their behalf in the future.
While deputyship remains an important safeguard when capacity has already been lost, the application process can take time and involves ongoing Court supervision.
Planning ahead can help families avoid unnecessary delays and ensure decisions can continue to be made without interruption.
For this reason, many people choose to consider their future arrangements long before they become necessary.
How Peter Ross can help
At Peter Ross, we provide clear, practical support for clients dealing with Court of Protection matters, helping to make what can be a complex process more manageable and less stressful.
Our team has extensive experience advising families and individuals where someone has lost the ability to manage their own financial or welfare decisions.
We understand that these situations often arise during difficult and emotional times, and we aim to provide guidance that is both straightforward and reassuring throughout.
We assist with the full range of Court of Protection work, including applications for deputyship orders, ongoing advice for appointed deputies, and support with managing a person’s property and financial affairs in line with Court requirements. Where needed, we can also help with specific or one-off applications to the Court.
Our role is to guide clients through each stage of the process, ensuring that applications are completed correctly, responsibilities are clearly understood, and ongoing duties are met in accordance with the standards set by the Court and the Office of the Public Guardian.
With offices in the North East, we support clients across the region and beyond, offering accessible advice tailored to each individual situation.
Our focus is always on providing dependable legal support that helps protect the interests of the person who lacks capacity while easing the burden on those acting on their behalf.
If you need our support with the Court of Protection, Lasting Power of Attorney or other matters, contact our team today.