What deputyship is, the two types, how to apply, official fees, why the process is usually measured in months, your responsibilities as deputy, and OPG supervision.
This guide is part of ProbateHelp's Wills & Planning guide cluster. Estimated reading time: 16 min.
Also searched as: court of protection deputyship complete guide.
Yes. The Court of Protection accepts applications from individuals acting without legal representation. The forms are available on GOV.UK and the process is well-documented. That said, the application is detailed and errors can cause significant delays. If the estate is large, there are family disputes, or the person's affairs are complex, professional help is usually worth the cost.
As deputy, you are required to act in the best interests of the person who lacks capacity — not in the interests of other family members. If there is a genuine dispute about what is in the person's best interests, the Court of Protection can be asked to make a ruling. The OPG also has a safeguarding team that can investigate concerns about a deputy's conduct.
A lay deputy (a family member or friend) is not usually paid for their time, though they can claim reasonable out-of-pocket expenses from the person's estate. A professional deputy (a solicitor or specialist firm) will charge fees, which must be approved by the OPG and paid from the person's estate.
A security bond is a form of insurance that protects the finances of the person you are deputy for. It is required for most property and financial affairs deputies. The cost depends on the size of the estate and how much of it you control. The court will tell you whether you need one and how to arrange it.
Yes. The Court of Protection can remove a deputy if they are not acting in the person's best interests, if they misuse funds, or if they fail to comply with their court order. The OPG can also apply to have a deputy removed if a safeguarding investigation reveals concerns. Being removed as deputy is a serious matter and can have legal consequences.
If the person regains mental capacity, the deputyship can be ended. You would need to apply to the Court of Protection to have the order discharged. The person would then be free to manage their own affairs again, and could make a Lasting Power of Attorney if they wished to plan for any future loss of capacity.
No. A Lasting Power of Attorney (LPA) is made by a person while they still have mental capacity, appointing someone they trust to act for them in the future. Deputyship is a court-appointed role that only arises after someone has already lost capacity and has no LPA in place. An LPA is almost always preferable — it is quicker, cheaper, and gives the person control over who acts for them.