What is a deputy in the UK? – decisions for someone who lacks capacity

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A deputy is a person appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to make those decisions themselves. The role is regulated by the Mental Capacity Act 2005 and overseen by the Office of the Public Guardian (OPG).

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What is a deputy?

A deputy is appointed by the Court of Protection when someone – known as ‘P’ – cannot make a specific decision for themselves at the time it needs to be made. This is described as ‘lacking mental capacity’ in relation to that decision.

Mental capacity is decision-specific and time-specific. A person may be able to make some decisions for themselves but not others. The law assumes that a person has capacity unless it is established otherwise, and any decision made by a deputy must be in the person’s best interests and as minimally restrictive of their rights as possible (1).

A deputy is different from an attorney under a Lasting Power of Attorney (LPA). An LPA is set up in advance by the person themselves while they still have capacity. A deputy is appointed by the court after the person has already lost capacity and has not made an LPA.

Who can get a deputy?

Adults who lack mental capacity – and who have not previously set up a Lasting Power of Attorney – may need a deputy appointed to manage their affairs. Common reasons include:

• dementia, which progressively affects the ability to make decisions
• severe learning disabilities
• acquired brain injury from a stroke, accident or illness
• serious mental illness

If the person still has capacity, a Lasting Power of Attorney is usually a better option than applying to the court for a deputy, since it is quicker, cheaper and gives the person full control over who acts for them.

Two types of deputy

There are two types of deputy in England and Wales (1):

Property and financial affairs deputy Manages the person’s money, property and financial decisions. This includes paying bills, managing bank accounts, dealing with benefits, selling property and making investments. This is the most commonly appointed type of deputy.

Personal welfare deputy Makes decisions about the person’s medical treatment, care arrangements and day-to-day welfare. The Court of Protection appoints personal welfare deputies only in limited circumstances – typically where there is an ongoing dispute about the person’s care, or where a consistent decision-maker is needed over time for specific welfare matters.

A deputy can be appointed for both roles simultaneously.

What does a deputy do in practice?

The scope of a deputy’s authority is set out in the court order. A property and financial affairs deputy might:

• pay household bills and rent or mortgage
• manage income from pensions, benefits and investments
• apply for welfare benefits on the person’s behalf
• buy equipment and assistive technology to support the person’s safety and independence

A deputy can purchase a private personal alarm for the person if it serves their best interests and is within the scope of the court order. This is a typical and reasonable step for a deputy managing the finances of someone who lives alone or has a high fall risk.

Who can become a deputy?

Most deputies are close family members – a spouse, civil partner, adult child, parent or sibling. If no suitable family member is available, a professional deputy such as a solicitor can be appointed.

All deputies are supervised by the Office of the Public Guardian (OPG). Property and financial affairs deputies must submit an annual report to OPG accounting for the decisions they have made. Deputies can be removed by the court if they fail to act in the person’s best interests.

Safety as part of the deputy role

A deputy – particularly a personal welfare deputy – has a practical responsibility to ensure that the person’s daily life is as safe as possible. This is especially important when the person:

• lives alone
• has reduced mobility or declining health
• cannot manage an emergency independently
• has dementia and is at risk of leaving home unsafely

Buying a personal alarm with GPS and automatic fall detection is a straightforward step that many deputies take to reduce risk and ensure that help can be reached quickly when needed.

Sensorem’s personal alarm – an assistive device a deputy can purchase

Being a deputy means being responsible for ensuring that the person you represent can get help when something happens – even when you are not there. Sensorem’s personal alarm makes it possible to raise an alert quickly in an emergency. The alarm can be triggered manually or automatically if the person falls, and calls pre-set contacts with two-way voice communication through the watch’s built-in speaker. The alarm works outdoors and has built-in GPS positioning, so you can see the person’s location in the Sensorem app.