What is a deputy?
A deputy is appointed by the Court of Protection to make decisions on your behalf when you cannot do so yourself due to a loss of capacity.
How do I choose a deputy?
Your deputy can be a friend, family member, or professional who possesses the necessary skills and meets specific criteria:
- Must be at least 18 years old
- Must have the mental capacity to fulfil the duties of a deputy
Anyone seeking to become your deputy must demonstrate that they are acting in your best interests, taking into account your values, preferences, and consulting those who are significant in your life.
What decisions can a deputy make?
A deputy appointed by the Court generally has authority over your property and financial affairs. They are typically responsible for tasks such as managing care home fees or overseeing property-related matters.
However, there are limitations to a deputy’s decision-making authority. They cannot make decisions that:
- They are not authorized to make by the Court
- You are capable of making yourself
- Restrict your freedom of movement without proper authorization
- Use force against you
- Contradict decisions made by your attorney acting under a lasting power of attorney
- Reject life-sustaining treatment outlined in an advance decision
A healthcare or personal care deputy may have authority over decisions regarding your living arrangements, contact with others, and medical treatments, with some exceptions.
What if a deputy acts against my best interests?
If a deputy fails to act in your best interests, the Court of Protection has the authority to remove them or modify their decision-making powers. Instances where a deputy may be removed include:
- Acting contrary to your best interests
- Becoming incapable of fulfilling their duties as a deputy
- Exceeding their authorized powers
The Office of the Public Guardian oversees deputies and accepts complaints regarding their conduct, including concerns about their failure to act in your best interests.
