Q&As

Can someone with a criminal record apply to be a deputy to the Court of Protection?

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Published on LexisPSL on 25/01/2018

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can someone with a criminal record apply to be a deputy to the Court of Protection?

Can someone with a criminal record apply to be a deputy to the Court of Protection?

Practice Note: Choosing the deputy, explains who may make an application for the appointment of a deputy, who may be appointed and the factors the court will take into consideration when assessing a deputyship application.

The Mental Capacity Act 2005 (MCA 2005) does not contain any express restriction on appointing a deputy with a criminal record, although MCA 2005, s 16(3) makes it clear that the court's power to appoint a deputy to make decisions on behalf of P is subject to MCA 2005, s 1 (the Principles) and MCA 2005, s 4 (Best interests). The court must, therefore, carefully consider these factors when deciding whom to appoint.

Given the responsibilities associated with the role (see Practice Note: Deputyship—the deputy’s duties and powers), a deputy must be trustworthy, reliable and competent to manage P's affairs and take an active interest in P's

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