Deputyship – what is it and when is it needed?

A deputy is someone who is appointed to act on behalf of someone who is no longer able to make important decisions for themselves.

The Court of Protection in England and Wales can step in to appoint someone to act on their behalf. People who have lost capacity to look after themselves are vulnerable to being taken advantage of or making decisions which are not in their own best interests.

Deputyship exists to protect them and to make sure their affairs are handled properly.

In many cases, a deputy will be a family member or close friend who knows the person well. In other situations—particularly where matters are complex or high value—the Court may appoint a professional deputy, such as a solicitor.

When might a deputy need to be appointed?

1. When no Power of Attorney was put in place:

Deputyship is often required when someone loses capacity without having already made an Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA).

Because EPAs and LPAs must be created while the person still understands what they are signing, families can find themselves in a difficult position if capacity is lost.

In those circumstances, the Court of Protection may need to appoint a deputy so that decisions can lawfully be made.

2. There are concerns about the person already acting:

Sometimes an attorney or deputy is already in place, but there might be concerns about how they are behaving.

If there are concerns, they should be reported to the Office of the Public Guardian (OPG). The OPG can investigate and where necessary, refer the situation to the Court of Protection. In more serious cases, the Court may decide to remove and replace the existing attorney or deputy.

3. The current deputy or attorney can no longer act:

For various reasons such as death, health implications or changed circumstances. In this case the Court may need to appoint a new deputy to ensure the person’s affairs continue to be properly managed.

4. There is a major personal injury or clinical negligence award:

Where a person has received (or is due to receive) a large compensation payment, deputyship is often used to ensure the funds are managed safely and effectively for the whole of the persons lifetime.  Large sums of money can make a person who is already vulnerable more at risk of abuse from others.

It is common for the Court to appoint a professional deputy in these situations, as they are experienced in managing significant awards, meeting reporting obligations, and working with financial advisers to support the person’s ongoing needs.

What responsibilities does a deputy have?

Deputies must follow strict requirements and are supervised. Whether a deputy is a relative or a professional, they must:

• Act in line with the Mental Capacity Act 2005
• Make decisions that genuinely support the person’s welfare and best interests
• Keep accurate records and manage money responsibly
• Follow directions set by the Court and the OPG

This structure is designed to safeguard vulnerable people and guarantee that decisions are made in a transparent and responsible way.

Why deputyship matters

Deputyship provides a legal safety net for people who cannot advocate for themselves. It ensures that someone has the authority to:

• Keep finances organised and protected
• Manage property and important paperwork
• Support care needs and practical decisions
• Prevent delays, confusion, or disputes during difficult times

Understanding how deputyship works can make the process feel clearer and less overwhelming for families navigating a challenging situation.

How can Morr & Co support you

Morr & Co’s Court of Protection team supports families and individuals when deputyship is needed.

We provide clear, compassionate advice and practical help with:

• Deputyship applications
• Guidance on deputy responsibilities and ongoing duties
• Managing the Property & Affairs of a vulnerable person
• Personal Welfare issues

Where a professional deputy is appropriate, particularly in cases involving significant personal injury or clinical negligence awards our team can also act to help ensure funds are protected and managed properly for the long term.

For more information contact Morr & Co’s Court of Protection team on 01737 854 500 or email info@morrlaw.com.

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.