Deputyship FAQs (England and Wales)

What is deputyship?

Deputyship is a legal arrangement where the Court of Protection appoints someone (a deputy) to make decisions for a person who can’t make those decisions themselves due to a lack of mental capacity. The person cannot look after themselves in their own best interests.

What’s the difference between a deputy and an attorney?

An attorney is chosen by the person in advance through a Lasting Power of Attorney (LPA), while they still have capacity.

A deputy is appointed later by the Court of Protection, after the person has already lost capacity.

Do we always need deputyship if someone lacks capacity?

Not always. Deputyship is usually needed where ongoing financial or welfare decisions must be made and there is no valid LPA/EPA in place, or where an existing arrangement has broken down (for example, the attorney has died or there are concerns about how they are acting).

What decisions can a deputy make?

That depends on the type of deputyship:

• Property & Affairs deputy: managing bank accounts, paying bills, dealing with benefits, managing property, handling care fees, and other financial matters.
• Personal Welfare deputy: decisions about care, support, and living arrangements — but only where the Court grants those powers.

A deputy must stay within the authority set out in the Court Order.

Can a deputy make health decisions like medical treatment choices?

Usually, major medical decisions are made by healthcare professionals in the person’s best interests, consulting family and carers.

A Personal Welfare deputy may have authority for certain welfare decisions, but these deputyships are not granted as often, and powers can be specific and limited.

How long does it take to become a deputy?

Timescales vary depending on complexity, whether there are objections, and how quickly information is provided. In general, it can take several months from submitting the application to receiving the Court order.

If there’s urgency (for example, a pressing financial issue or if someone is at significant risk of harm), there may be options for interim steps or urgent applications.

Do deputies have to report what they’re doing?

Yes. Deputies are supervised by the Office of the Public Guardian (OPG) and must:

• Keep clear records of decisions and spending
• Submit an annual report
• Follow guidance on financial management and best interests decision‑making

This oversight helps protect the person who lacks capacity.

Can more than one deputy be appointed?

Yes. The Court can appoint:

• Joint deputies (who must act together), or
• Joint and several deputies (who can act together or independently of each other)

The best option depends on the family situation and what is practical.

What if family members disagree about who should be deputy?

Disagreements can delay the process. The Court will focus on who is most suitable and what arrangement is most likely to protect the person’s interests. Where there’s conflict, the Court may consider appointing a professional deputy to keep matters neutral and properly managed.

What happens if a deputy misuses money or doesn’t act properly?

Concerns can be raised with the Office of the Public Guardian, which can investigate. In serious situations, the matter may be referred to the Court of Protection, which can remove the deputy and appoint someone else.

Why might a professional deputy be appointed instead of a family member?

A professional deputy is often considered where:

• There is a large compensation award (personal injury/clinical negligence)
• Finances are complex or high‑value
• There are family disputes
• No suitable relative is available
• Long‑term management and reporting will be demanding

Professional deputies are experienced in handling significant funds, following court directions and reporting to the OPG, and working with financial advisers.

How Morr & Co Can Help

If you’re unsure whether deputyship is needed or you’re worried about an existing attorney or deputy, our Court of Protection team and we can talk you through your options and help you take the right next steps. Please email info@morrlaw.com or call 0333 038 9100 and a member of our team will be happy to help.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.