The Court of Protection appoints a deputy when a person no longer has the mental capacity to make key decisions and has not previously created a Power Of Attorney Online or using traditional paper forms. This usually applies to individuals affected by dementia, stroke, brain injury, learning disabilities, or degenerative illnesses. The court steps in to ensure that someone responsible is legally authorised to act in that person’s best interests.
Lack of a Power of Attorney
When no Power Of Attorney Online or physical Lasting Power of Attorney is in place, family members or professionals must apply to the Court of Protection. Unlike an LPA, which allows a person to nominate someone in advance, a court-appointed deputy is chosen by a judge. The deputy is monitored by the Office of the Public Guardian and must follow strict legal duties and financial reporting requirements.
Types of deputyship
There are two main types of deputyship. A property and financial affairs deputy manages everyday financial matters such as bills, banking, and property sales. A personal welfare deputy is responsible for care and medical decisions, although this is granted less frequently and usually only in complex situations where there is disagreement about care. Here, you can read more about deputyship.
Why planning ahead is better
Court-appointed deputyship is often more costly, time consuming, and restrictive than arranging a Power Of Attorney Online in advance. Setting one up early ensures peace of mind, gives full control over who will act on your behalf, and avoids the need for court involvement later on.
