Become a deputy
This information applies to England and Wales.
You can apply to become someone's deputy if they do not have mental capacity. This means they cannot make decisions for themselves.
People may not have mental capacity for different reasons. For example, they might have a learning difficulty or lose mental capacity over time because of a condition like Alzheimer’s disease.
Being a deputy is different from:
- being an appointee, which only allows you to help someone manage their benefits
- being an attorney to help someone make decisions, when they create a Lasting Power of Attorney
By becoming their deputy, you are allowed to make certain decisions for them.
There are 2 types of deputyship:
- personal welfare, where you can make decisions about their medical treatment and care
- property and financial affairs, where you can make decisions about their money and property
You'll need to apply to the Court of Protection to become a deputy. Each application costs £371.
You can apply for one type of deputyship or both. The application process is different for each.
If you’re appointed, you’ll get a court order proving what you can and cannot do.
You will also need to pay an annual supervision fee.
If you need to organise someone’s health and social care, contact the Office of the Public Guardian (OPG) for advice on whether you need to become a deputy on 0300 456 0300.
You do not have to get legal advice to become a deputy, but it may help if your family or financial situation is complex.
Become a personal welfare deputy
When you become someone’s personal welfare deputy, you’ll be able to make decisions about their medical treatment and care.
To apply, there are 4 steps you need to take.
- Complete and send forms, which you can download from GOV.UK. You’ll need a professional like a doctor or social worker to complete the mental capacity form (COP3 form).
- Tell the person that you’re applying to be their deputy.
- Tell people connected to your application. These will be 3 people you name in your application as having an interest, for example the person’s relatives, social worker or doctor.
- Complete and send forms to confirm that you’ve told the people connected to your application. This is called ‘serving notice’.
If the people connected to your application do not object within 14 days, the Court of Protection will review it and tell you if your application is approved.
Apply to become a personal welfare deputy (GOV.UK)
You can get help and support with your application from the Court of Protection by calling 0300 456 4600.
You might be invited to a court hearing if the court needs more information or someone has objected. If a final decision is made during the hearing, you’ll need to pay a court fee.
Become a property and financial affairs deputy
When you become someone’s deputy for property and financial affairs, you’ll be able to do things like pay their bills or organise their pension.
If you only want to manage someone’s benefits, you could apply for an appointeeship.
To apply, there are 4 steps you need to take.
- Tell the person that you’re applying to be their deputy. They do not have to fill out the forms, but you can ask for their opinion and do it on their behalf.
- Tell at least 3 people connected to your application. These will be 3 people you name in your application as having an interest, for example the person’s relatives, social worker or doctor.
- Ask them to complete the forms.
- Complete the remaining forms and send them online or by post. Which forms you need depend on whether you apply online or by post.
Check which forms you need and apply (GOV.UK)
The Court of Protection will review your application and tell you if your application is approved or not. There’s usually no hearing for property and financial affairs deputy applications.
You can get help and support with your application from the Court of Protection by calling 0300 456 4600.
Deputy responsibilities
When you’re appointed, the court order will tell you what you can and cannot do.
You'll have to send an annual deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made. This will include any money you’ve spent. You may need to provide evidence like receipts and invoices.
Are there any decisions a deputy isn't allowed to make? (Mind)
For people under 16
If you are the parent or guardian of a child under 16, you have legal rights and responsibilities called ‘parental responsibility’. This means you can make decisions for them and involve them in those decisions.
Parental rights and responsibilities (GOV.UK)
Children under 16:
- can have a property and financial affairs deputy but
- cannot have a personal welfare deputy
You should get legal advice if you think the court needs to make a decision about their care.
Finding free or affordable legal help (Citizens Advice)
When your child turns 16
From age 16, young people are presumed to have the mental capacity to make decisions for themselves under the Mental Capacity Act (Mind).
While parental responsibilities continue until they are 18, they can make some decisions themselves. For example, you can leave home or consent to medical treatment without your parents’ consent.
When your child turns 18
When they turn 18, a young person legally becomes an adult. This means that they can make their own decisions by law. No one else has the right to make decisions for them unless they have a deputyship.
If the Court of Protection appointed a deputy when your child was under 18, this deputyship will continue when they turn 18.
Contact the Court of Protection if you need advice on 0300 456 4600.
Deprivation of liberty
If someone has a Deprivation of Liberty Safeguard (DoLS), they are continuously supervised and cannot go anywhere without permission.
This might happen if they need to go into hospital or a care home, but do not have mental capacity to make decisions. For example, a DoLS could be used to keep them safe from wandering into a dangerous place like a busy road.
The care home or hospital must apply for a DoLS and go through 6 assessments. They cannot deprive someone of their liberty (freedom) without doing this.
You can still apply to become someone’s deputy if they have a DoLS. If you’re appointed, the court order will tell you what you can and cannot do.
Last reviewed by Scope on: 09/04/2024
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