Legal News

A deputy is a person that is appointed by the Court of Protection to make decisions on behalf of someone who no longer has mental capacity to make these decisions.

Mental capacity is usually lost due to an impairment or disturbance in the functioning in the brain. These may be the result of:

• Dementia, Alzheimer’s or other age-related conditions;


• Traumatic brain injury;


• Autism, learning disabilities, Down’s Syndrome; or


• Substance abuse.

It should be noted that there are numerous other factors that can cause somebody to lack capacity to make decisions in addition to those mentioned above.

Losing mental capacity means that individuals may require a separate person to make decisions on their behalf. These decisions can relate to matters involving the individual’s health and welfare, for example; where they should live, the type of care they require and, on occasion, the type of medical treatment they receive. Individuals may also need someone to manage their property and financial affairs, which can include the management of their bank accounts, paying debts and taxes, and managing any property that they own.

Usually, a deputy is a family member or close friend of the person needing assistance, however, on occasion the Court of Protection will appoint an independent deputy from a panel of deputies in instances where the is not a suitable person able to take on the role of deputy.

A deputy’s decisions, regardless of whether they are making health and welfare or property and financial decisions must always be in the other person’s best interests and should consider the actions and decisions that individual took in the past when they still had capacity. It is also a deputy’s responsibility to apply a high standard of care when making decisions. They should, when necessary, consult others such as other relatives or relevant professionals when making their decisions as well as take appropriate measures to try and help the person without capacity understand the decision that has been made.


Author Shareen Tanvir is a solicitor in the Duncan Lewis Court of Protection department and has extensive experience in providing in-depth and sensitive assistance to those wishing to make an application for deputyship. Her experience includes successfully challenging court appointed deputies on grounds of capacity and/or best interests; successfully challenging the appointment of an attorney acting under the powers of an LPA; and routinely making deputyship applications.


Contact Shareen on 02031141338 or at shareent@duncanlewis.com



Duncan Lewis Court of Protection Department

Duncan Lewis' Court of Protection Department assists individuals in both publicly and privately funded cases from offices across London and throughout the UK. The department is recommended by the independent legal directory, The Legal 500, as a leading practice in cases that overlap mental health and capacity, and deprivation of liberty safeguards.

For more information about our Court of Protection services, please contact Duncan Lewis Solicitors on 0333 772 0409.