See also the Government information Deputies: make decisions for someone who lacks capacity. The information in this section is taken from this website.
You can apply to become someone’s deputy if they ‘lack mental capacity’ (see What is Mental Capacity?).
If the person already has a lasting power of attorney they do not usually need a deputy. You should check to see if they have registered an attorney before you apply.
You do not need to be a deputy if you are only looking after someone’s benefits. You can apply to become an appointee instead (see Become an appointee for someone claiming benefits).
If you want to make a single important decision, you can apply to the Court of Protection for a one-off order.
As with the lasting power of attorney (see Lasting Power of Attorney) there are two types of deputy:
You can apply to be just one type of deputy or both. If you are appointed, you will get a court order saying what you can and cannot do.
Click on these links to read about:
The Court of Protection will check:
You will continue to be a deputy until your court order is changed, cancelled or expires.
The Court of Protection makes decisions on financial or welfare matters for people who lack mental capacity.
It is responsible for:
The Court of Protection is also where disputes between deputies or attorneys can be resolved.
Contact the Court of Protection for further information or advice.
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