Understanding the Role of a Deputy
A deputy is an individual appointed by the Court Of Protection to make decisions on behalf of someone who lacks the capacity to do so themselves. They are different from an attorney, who is personally appointed while the person still has capacity.
Types of Deputies
The Court of Protection can appoint two types of deputies :
- Personal Welfare Deputy : Makes decisions about healthcare, living arrangements, and personal care.
- Property and Affairs Deputy : Handles financial matters like paying bills, managing investments, and overseeing property.
Appointment Criteria
Deputies are typically appointed when :
Who Can Be a Deputy?
Deputies can be family members, friends, or professionals. They must be over 18, have the mental capacity to act as a deputy, and demonstrate they can make decisions in the person's best interests, manage the responsibilities, and be trustworthy.
Deputy Restrictions and Responsibilities
While deputies have broad authority, they cannot :
- Make decisions the court hasn't authorised them to make.
- Restrain the person's freedom unless specifically authorised.
- Go against the decisions made by an appointed attorney.
- Refuse life-sustaining treatment unless specified.
Deputies must
- Make decisions in the person's best interests.
- Consider the person's past and present wishes and feelings.
- Maintain regular accounts of expenditures and decisions.
- Possibly pay a security deposit before handling finances.
Professional Deputies
If the financial situation is complex, the court might appoint a professional deputy, who will be compensated from the individual's assets for their services.
When a Deputy Is Not Acting in Best Interests
If a deputy does not act in the person's best interests or abuses their powers, they can be removed or their powers can be altered by the Court of Protection. The Office of the Public Guardian oversees deputies and handles complaints regarding their conduct.