There are two forms of deputyships: property and financial affairs deputyships; and personal welfare deputyships. When an individual lacks the capacity to make decisions for themselves, a trusted person (or people) can make an application to the Court of Protection to be appointed as their deputy. Deputies are able to make ongoing decisions in connection with the property and financial affairs, or personal welfare, of someone who lacks capacity.

Both types of applications comprise of a series of forms which provide information to the Court of Protection, including the names and addresses of all proposed deputies, and the details of the person who may lack capacity. In the case of applications for a property and financial affairs deputyship, the applicants will also provide a detailed overview of the affairs of person who lacks capacity, such as their bank accounts, investments, properties, business interests, and other information. In respect of applications for personal welfare deputyships, the Court requires details of the various doctors and local authorities with oversight of the individual’s care, and may request further information regarding the level of care received.

Most importantly, deputyship applications are accompanied by capacity assessments in the Court’s prescribed form, which detail whether an individual has the capacity to make such decisions for themselves.

Property and financial affairs deputyships are often appropriate when someone who lacks capacity has a reasonable level of savings, income from various sources, or owns property. On the other hand, personal welfare deputyships are often only granted in specific circumstances, such as:-

  • Where a series of linked decisions needs to be made and it is not in the person who lacks capacity’s best interest for applications to be made to the Court on each occasion;
  • Where an informal, collaborative approach between family members and relevant care providers has been ineffective; or
  • Where conflicts within a family will have continuous detrimental implications on the person’s care.

In both types of deputyship applications, the proposed deputies will need to provide notice of the intended application to the close family members and/or friends of the person who may lack capacity, so that they may raise objections to the appointment should they wish to do so.

Deputies must always act in the best interests of the person who lacks capacity, and have a range of standards and obligations that they must adhere to by virtue of their role.

If you would like to find out more information about how to apply to be a deputy for someone’s property and financial affairs, or personal welfare, please contact a member of our Court of Protection Team.