A deputy is appointed by the Court of Protection to handle the
property, financial affairs and wellbeing affairs of an individual
who lacks the mental capacity to do so themselves.
A deputy is second-in-command, a representative. In the context of mental incapacity, Court of Protection deputies are the safeguard for people who can no longer make decisions about their affairs, their health and their wellbeing.
You’d expect the role to be a responsible one, and it is. With Court of Protection deputyships come obligations and duties. A deputy must make important decisions about an individual’s future care, about the property they own, the investments they have made, and a lot more besides. They may need to work with the family of the mentally incapacitated person – take their views on board and respect their feelings and wishes. But, ultimately, it is about the person they’re appointed to represent. Court of Protection deputies are expected to have good socio-economic awareness, to be organised, practical, inquisitive and empathetic in protecting and promoting that individual’s best interests.
At Gillhams we specialise in Court of Protection work, so we often represent clients in the process of appointing a deputy. But we also know first-hand just what Court of Protection deputyships involve; because our partners are regularly appointed to act as deputies – a select few out of solicitors across England and Wales, appointed to the Office of Public Guardian’s Panel of Professional Deputies.
So we see both sides of the coin. And whenever we are asked to help appoint or advise Court of Protection deputies – or to become one – we’re able to give clients a truly rounded view. It’s why we’re confident in calling ourselves experts in Court of Protection deputyships.
Court of Protection