Overview

Deputy Orders & The Mental Capacity Act Code

A Deputy will be appointed by the Court of Protection in cases when an individual is not able to make their own decisions, either in relation to Property and Affairs or Health and Welfare.

The Deputy must assume their duties and responsibilities in accordance with the Deputy Order, which sets out the extent of their authority. They should also adhere to the statutory principles set out in the Mental Capacity Act Code of Practice and only make decisions under the authority of the Court.

In short, they must always act in the best interests of the person who lacks capacity, and failure to do so could result in the Court of Protection revoking the Deputy Order. In particularly serious cases, the Deputy may be held personally liable for any claims of negligence or criminal charges, such as fraud.

A Deputy can be a friend or family member, or a professional such as a solicitor, and whoever is chosen must be over the age of 18. Jackson Lees Solicitors can act as a professional court appointed Deputy if required.

Responsibilities of a Property and Affairs Deputy

A Deputy’s responsibilities will be tailored to the circumstances of the individual concerned. They can include:

  1. Administering the day-to-day running of the person’s finances if they are not capable of managing this
  2. Completing and submitting annual accounts to the Office of the Public Guardian, which monitors the decisions taken by court appointed deputies
  3. Purchasing any equipment the person needs
  4. Ensuring that the person is receiving all benefits that they are entitled to
  5. Looking after the person’s property
  6. Streamlining the person’s financial affairs and opening a deputy bank account to manage regular receipts and payments
  7. Meeting with the Court of Protection visitors for the purposes of reviews
  8. Preparing tax returns

Ask Jackson Lees Solicitors

If you are planning for the future and would like Jackson Lees Solicitors to act as a Professional Deputy should the need arise, contact our team today on 0151 282 1700 and see how we could help you.