What is the Court of Protection and Deputyship?

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What is the Court of Protection and Deputyship?

The Court of Protection steps in to make decisions for people who lack the capacity to make their own. Its role is to protect their rights, manage their finances, and ensure their well-being.

When might you need the Court of Protection?

You may need to involve the Court of Protection if:

  • Financial decisions: Someone can no longer manage their money—like paying bills or handling property—and no Power of Attorney is in place.
  • Care decisions: Choices about their care, medical treatment, or living arrangements need to be made, but no one has the legal authority to act.

In such cases, the Court of Protection can appoint a deputy to make decisions on their behalf.

What does a deputy do?

A deputy is legally allowed to act for someone who cannot make decisions themselves. There are two types of deputyship:

  • Property and Financial Affairs Deputy: Manages money, property, and bills.
  • Personal Welfare Deputy: Handles decisions about care and medical treatment (this is less common, as the NHS and social services are typically expected to act in a person’s best interests).

What’s involved in becoming a deputy?

Becoming a deputy is a detailed and often lengthy process. It requires:

  • Completing comprehensive forms and providing medical evidence.
  • Paying court fees (and possibly legal fees if a solicitor is needed).
  • Waiting several months for the application to be processed.

That’s why setting up a Lasting Power of Attorney (LPA) in advance is always recommended. However, when no LPA exists, the Court of Protection ensures there’s someone to act in the person’s best interests.

Further resources

If you’re embarking on a deputyship application, here are some helpful resources:

Court of Protection

Office of the Public Guardian (OPG)

The OPG supervises deputies and provides guidance.

  • Website: www.gov.uk/opg
  • Tel: 0300 456 0300
  • Email: customerservices@publicguardian.gov.uk

The Association of Lifetime Lawyers (previously called Solicitors for the Elderly)

A network of solicitors specialising in legal services for older adults, including deputyship applications.

  • Website: www.sfe.legal
  • Tel: 0844 567 6173 (9am–5pm, Monday–Friday)
  • Email: admin@sfe.legal

Ready to learn more?

For a clear overview of the deputyship process, visit: Becoming a Deputy →

Planning ahead is the easiest way to avoid complications, but if you find yourself navigating deputyship, these resources can help guide you every step of the way.

Avoid the Court of Protection!

Set up a Lasting Power of Attorney
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