Q&As

Does a court-appointed deputy have to be granted an express power to invest the donor’s assets in a discretionary management scheme in order to do so?

read titleRead full title
Published on LexisPSL on 09/03/2017

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

  • Does a court-appointed deputy have to be granted an express power to invest the donor’s assets in a discretionary management scheme in order to do so?
  • Duties of court-appointed deputies
  • Deputyship order

Duties of court-appointed deputies

The duties of a court-appointed deputy are set out in:

  1. the Mental Capacity Act 2005 (MCA 2005)

  2. the Mental Capacity Act 2005 Code of Practice

  3. the deputy’s declaration in Form COP4

  4. other general duties under the law of agency

A deputy has a duty to act only within the specific scope of the powers granted by the court, as set out in the order of appointment. See Practice Note: Deputyship—the deputy’s duties and powers for more information.

The Mental Capacity Act 2005 Code of Practice refers to a deputy’s duty not to delegate their decision-making responsibilities to someone else at paragraphs 8.61–8.62:

‘8.61

A deputy may seek professional or expert advice (for example, investment advice from a financial a

Related documents:

Popular documents