Deputyship

The statutory basis is section 16 of the Mental Capacity Act 2005, which applies where a person ('P') 'lacks capacity in relation to a matter or matters concerning' their personal welfare or property and affairs. Rather than appointing a deputy by default, the court is directed to prefer making the decision itself: it 'must have regard ... to the principles that ... a decision by the court is to be preferred to the appointment of a deputy to make a decision, and ... the powers conferred on a deputy should be as limited in scope and duration as is reasonably practicable in the circumstances'. Where a deputy is appointed, section 16 also gives the court ongoing supervisory control - it can 'revoke the appointment of a deputy or vary the powers conferred on him' if satisfied the deputy has acted, or proposes to act, in a way that contravenes their authority or is not in P's best interests. GOV.UK guidance confirms the practical effect: 'As a deputy, you'll be authorised by the Court of Protection to make decisions on their behalf', and that authority is limited to what the court's order actually permits.

Becoming and remaining a deputy carries specific financial and conduct obligations set by GOV.UK guidance. Applicants 'must pay a £432 application fee' (paid twice if applying for both types of deputyship), plus a further '£266' fee if the court decides a hearing is needed, and property and affairs deputies may also need to arrange a 'security bond' - a form of insurance protecting the person's finances - unless the court decides it is unnecessary. Once appointed, a deputy 'must send an annual deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions you've made', and guidance sets out binding standards for every decision: a deputy must 'make sure it's in the other person's best interests', must 'consider what they have done in the past', and 'must not' do things such as restrain the person (other than to prevent harm), stop life-sustaining treatment, make or change the person's will, or take advantage of their situation. The consequences of breach are serious - a deputy 'could be fined or sent to prison for up to 5 years (or both) if you mistreat or neglect the person on purpose.'