Roles and Responsibilities of a Deputy
All deputies must be appointed by a court order from the Court of Protection and are closely supervised by the Office of the Public Guardian.
Every deputy must act in accordance with the principles of the Mental Capacity Act 2005, work closely with family members, and consider every decision that they make very carefully to ensure that it is in the best interests of the person that they are making that decision for. Deputies are required to maintain strict and accurate records and submit annual reports (annual accounts) to the Office of the Public Guardian.
The order appointing the deputy will not necessarily give the deputy the power to do everything during the course of their appointment. If a deputy needs to do something that is not covered by the existing order then it will be necessary to make an application to the Court of Protection.
Applications to the Court of Protection can cover a wide range of issues including:
- the power to buy or sell property
- buying property jointly with family members
Services offered by Deputyship Solicitors
As specialist deputyship solicitors, the Enable Law team regularly act in deputyship matters and deputyship cases, including those involving complex estates and family disputes. Our dedicated team of trust and estate practitioners and estate practitioners have extensive experience supporting clients and working closely with other professionals, such as investment managers, case managers, and professional trustees, to ensure comprehensive management of our clients’ affairs.
We provide practical solutions for vulnerable adults, including those with learning disabilities, always safeguarding their interests and wellbeing. Our team manages all aspects of a person’s own financial affairs and own affairs, including managing bank accounts, paying care fees and bills, handling investments, arranging for the sale or rental of property, and setting up personal injury trusts where appropriate. We also advise on tax planning to optimise financial outcomes and ensure compliance with relevant regulations.
Enable Law can act as a professional deputy or support a lay deputy, who may be a close relative, friend, or trusted professional. A deputy can be appointed if a person lacks sufficient mental capacity to manage their own financial affairs. If a person’s income consists only of state benefits, an appointeeship through the Department for Work and Pensions may be a simpler alternative.
All fees, including the security bond, are payable annually from the assets of the person lacking capacity. The application fee to the Court of Protection is £365, and costs are typically paid from the person’s assets, with fixed fees for standard applications and hourly rates for complex cases. Professional deputies can charge for their time, subject to court approval and oversight.
We are fully regulated by the Solicitors Regulation Authority and adhere to the highest professional standards in all deputyship matters.
- investing in non-standard investments (buy-to-let/holiday properties, ethical investments etc.)
- statutory wills
- making gifts
Deputies must take out a security bond to cover their actions, which is payable annually and varies based on the value of the assets under their control, typically ranging from £100 to £300. All fees associated with deputyship, including the security bond, are payable from the assets of the person who lacks capacity.
Solicitors prepare and submit the complex paperwork required to apply for a Deputyship Order.
Services offered by Deputyship Solicitors
Solicitors can become a professional deputy – that is, a professional who is appointed to make decisions on behalf of a person who lacks the ability/mental capacity to do it themselves, instead of a family member.
There are occasions when the Court of Protection prefers to appoint a professional deputy, such as when a person has had a large award of compensation due, for example, to personal injury or medical negligence.
In other circumstances lay people, such as family members or legal guardians, can act as deputies for people who lack mental capacity – but some people still prefer to appoint a professional.
Professional deputies can:
- take some of the load off family members who may already have a lot to deal with when looking after a person with restricted mental capacity
- bring expertise to the management of finances to minimise costs and maximise savings
- bring expertise to the process of dealing with the Court of Protection and other legal processes.
