Choosing the deputy
Choosing the deputy

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • Choosing the deputy
  • Who may apply?
  • Who may be appointed?
  • Factors the court will consider when deciding whom to appoint
  • P's wishes
  • The size and complexity of the estate
  • The qualities of the proposed deputy
  • Trust corporations as deputies
  • Office-holders as deputies
  • Conflicts of interest
  • More...

Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution. When it is not, the court can order that a deputy be appointed to deal with the issue in question or to act on an ongoing basis, particularly if the incapacity is likely to continue into the future. The power of the court to appoint a deputy is contained in section 16 of the Mental Capacity Act 2005 (MCA 2005).

The appointment of deputies for health and welfare is much less common than the appointment of deputies for property and financial affairs as there is adequate protection in MCA 2005, ss 5 and 6 to deal with most everyday health and welfare decisions. There are however occasions when it will be appropriate to appoint a health and welfare deputy, and paragraph 8.39 of the MCA 2005 Code of Practice gives some examples:

  1. where a series of linked welfare decisions are likely over a period of time and it would not be sensible to require the court to make a decision on each occasion

  2. where it is in P’s best interest that a deputy can consult a wide range of people but make the final decision themselves

  3. where family disputes are likely to impede the decision-making process and the

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