Understanding deputy appointments in England and Wales. In England and Wales, the Court of Protection appoints a deputy when an individual lacks the mental capacity to make important decisions on their own. The appointed deputy is legally empowered to act in the best interests of the individual by making decisions about their property and finances or health and welfare, depending on the type of deputyship required. Often a deputy will be a family member or close friend who knows the individual well. However, in certain cases, a professional such as a solicitor or another third party may be appointed. There are two types of deputyships: one that covers property and financial affairs and another, less common, that addresses health and welfare needs. Below are common scenarios where appointing a deputy may be necessary: There is an absence of existing legal authority A deputy appointment becomes essential if the individual has not made an Enduring Power of Attorney (EPA) or a Lasting Power of Attorney (LPA) before losing mental capacity and requires decisions to be made but lacks the requisite capacity to do so. An EPA or LPA must be created while the individual has the mental capacity to understand decisions about their financial and property affairs and their health and welfare (the latter is only available under LPAs). If the person no longer has the capacity to make or authorise decisions and has not made an EPA or LPA, the Court of Protection may decide to appoint a deputy to handle their affairs. There are disputes or concerns with current attorney or deputy When an attorney or deputy is already appointed, but concerns arise regarding their conduct, third parties can report these issues to the Office of the Public Guardian (OPG). The OPG investigates such complaints and may refer the matter to the Court of Protection if further action is necessary. This can lead to the replacement of the current attorney or deputy with a more suitable representative. Current attorney or deputy appointment is no longer appropriate If the existing attorney or deputy is no longer suitable, for example, if they have died or are no longer capable of fulfilling their duties, then the Court of Protection may need to appoint a new deputy. This ensures that someone with the ability and resources to act in the individual’s best interests can manage their needs appropriately. Significant clinical negligence or personal injury claims In cases involving substantial personal injury or clinical negligence claims, a professional deputy is often appointed. This is particularly common when there has been a large financial award to support the person’s ongoing needs. Professional deputies, such as solicitors, are experienced in managing substantial funds and ensuring the effective allocation of resources over the long term with support from financial advisors. Responsibilities and regulations for deputies All deputies, whether family members or professionals, are required to follow strict guidelines set by the Office of the Public Guardian (OPG) and the Court of Protection. Additionally, they must act in compliance with the Mental Capacity Act 2005, which requires deputies to act in the best interests of the person and make decisions that align with their welfare. Why are deputyships so important? Deputyship plays a vital role in safeguarding individuals who cannot make key decisions due to lack of mental capacity. Whether for property and financial affairs or health and welfare, deputyships ensure that those unable to advocate for themselves have their needs carefully managed and protected. By understanding when and why a deputy might be appointed, it can help families and professionals navigate this complex legal area more confidently. How can Morr & Co help? Our Court of Protection team is highly experienced in supporting families and individuals when a deputy appointment is needed for a loved one who lacks mental capacity. We understand the sensitive nature of these situations and offer compassionate, expert advice tailored to each client’s needs, whether for property and financial matters or health and welfare decisions. Additionally, if a professional deputy is required, especially in cases involving substantial personal injury or clinical negligence awards, our team is fully equipped to serve in this role. We will ensure proper management and protection of funds whilst also helping clients fulfil their responsibilities with confidence, adhering to all legal requirements and safeguarding the best interests of their loved ones. If you would like any further information on the content of this article, please do not hesitate to contact our Court of Protection team, by emailing info@morrlaw.com or calling us on 01737 854 500 and one of our team will be happy to assist. 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. Authored by Alexandra Milson Solicitor Message Tags Insights On this page Contact our team today Contact Us
