What is a Deputyship?

Most of us make informed choices every day. It’s part of normal life; we decide how to spend our money, how to manage our health, and much more besides.

But what happens if we lose the ability to make decisions that are in our best interests? The answer in many cases is that the courts will appoint someone to do it for us. These people are known as deputies. They manage the affairs of others who have permanently or temporarily lost mental capacity. And they make those day-to-day, and often significant, decisions on behalf of the person they’re appointed to look after.

This is all subject to a defined remit to act either as a deputy in respect of the person’s property and affairs (finances, assets and liabilities), or their personal welfare (medical treatment and care) – or both. The role will be subject to limitations and reporting requirements.

The process of appointing a deputy is a formal, legal one. It involves making an application to the Court of Protection – the court responsible for welfare. As you would expect, appointing a deputy is not a step that is taken lightly; the courts take great care to make sure that the situation warrants it, and that the person who has applied to be the deputy – whether they are a family member or friend, an employee of the local authority, or a professional (a solicitor, for example) – is the right person for the job. 

For the families of people who have lost mental capacity, perhaps through illness or an accident, it can be a great comfort to have a court-appointed deputy in place. And although the challenges of managing another person’s affairs will test a deputy from time to time, help is at hand; we offer specialist advice on all aspects of Court of Protection work.

If you are concerned about your future, talk to a member of our team. We’ll explain how you may be able to put in place plans now that will protect you in years to come. And if you are worried that a friend or family member is struggling to cope, or has lost their mental capacity, we’ll help set up the protective arrangements that will safeguard them in the immediate and longer term.  

Contacting our Private Client Team is simple. You can call them on 01264 353411, email probate@bsandi.co.uk or fill in the no-obligation enquiry form on our website and we will get back to you as soon as we can.