Under the Mental Capacity Act, the Court of Protection is responsible for ensuring that those who lose or lack capacity have people in place who will act in their best interests.
As well as making decisions about whether a person has mental capacity, the court also appoints deputies to make decisions on behalf of people who lack mental capacity, if they have not set up a Lasting Power of Attorney.
Two areas where deputies act
There are two types of court-appointed deputy:
. Property and financial affairs deputy . Personal welfare deputy
Courts normally look to family members first, but any adult over 18 who has mental capacity can be a deputy and apply to the court. If you’re appointed, you’ll receive a court order detailing what you can and cannot do.
To avoid the court appointing someone, you can make a LPA before you lose mental capacity, meaning you get to choose who acts on your behalf. You can easily make a LPA online and there are many specialists such as https://powerofattorneyonline.co.uk/ who can do this for you.
Categories of deputies
There are four different deputy categories, which include:
. Lay deputies – family and friends . Public authority deputies – individuals such as solicitors or accountants who are paid for the role . Public authority deputies – a health body or local authority appointed by the court . Panel deputies – someone chosen from an Office of the Public Guardian list of approved deputies when there is no one else suitable
Deputies are supervised by the Office of the Public Guardian.
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