Court of Protection Videos

Date when Video was Published: 11/12/2024

What is a deputy? As a deputy, you’ll be authorised by the Court of Protection to make decisions on behalf of someone who lacks mental capacity, similar to a trustee. A deputy must always act in the incapacitated person’s best interests and, where possible, make decisions in line with their previously expressed wishes. There are two types of deputies: • Property and Affairs Deputy: Manages finances and assets, including accessing bank accounts and selling property. They must keep detailed records and report to the Office of the Public Guardian annually. • Health and Welfare Deputy: Makes decisions about personal matters such as living arrangements and care. However, the court rarely appoints health deputies unless there is family conflict. When do you need a Health & Welfare Deputy? Health and Welfare deputies are only appointed in rare cases, usually when family members are in conflict. The court prefers to resolve health-related disputes as individual issues, rather than appointing a deputy for life. When do you need a Finance Deputy? A finance deputy is necessary when the incapacitated person has significant assets, such as a property or savings over £100,000. Appointing a finance deputy can cost around £5,000 and comes with ongoing fees, so the incapacitated person must have enough assets to justify the expense. If the person relies on benefits, a family member can apply to the DWP to be their appointee instead.

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