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.
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. Consider legal advice where the person’s affairs are complex or the application is disputed.
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 is not usually paid for their time, though reasonable expenses may be repaid from the person's funds. A professional deputy may charge only where the court order authorises remuneration; costs can be assessed under the applicable court rules.
A security bond is a form of insurance that protects the finances of the person you are deputy for. For a property and affairs appointment, the court will tell you whether a bond is required and how to arrange it. The premium depends on the cover required.
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.