When a loved one loses the mental capacity to manage their own affairs and no Lasting Power of Attorney (LPA) is in place, the family can be left unable to act on their behalf. Bank accounts, medical decisions, and property matters can grind to a halt at the very moment they are needed most. Applying for a deputyship is the legal route that lets a court appoint a trusted person to make decisions for someone who can no longer make them. This guide offers general information, not legal advice, and you should engage a lawyer and refer to the Office of the Public Guardian for your situation.
Why a Deputyship Becomes Necessary
An LPA is something a person makes while they still have mental capacity, choosing in advance who will act for them if capacity is later lost. The difficulty arises when that step was never taken. If someone has already lost capacity, for example through advanced dementia, a serious stroke, or a brain injury, it is too late to make an LPA, because making one requires the very capacity that is now gone.
In that situation, the family cannot simply take over. Without legal authority, banks will not release funds, and others cannot make binding decisions about the person’s care or property. A deputyship fills that gap. Under the Mental Capacity Act, the Family Justice Courts can appoint one or more deputies to make specified decisions on behalf of a person who lacks capacity, always with that person’s best interests at the centre.
It helps to be clear about the difference, because families often confuse the two.
- An LPA is set up in advance by a capable person who chooses their own donee.
- A deputyship is applied for after capacity is lost, and the court chooses and authorises the deputy.
- An LPA is generally simpler and cheaper; a deputyship is a court process precisely because it must protect someone who can no longer protect themselves.
What a Deputy Can Be Authorised to Do
A deputy is not given a free hand. The court grants specific powers, and a deputy must act only within them and always in the person’s best interests. Powers usually fall into two broad areas, and an application may seek authority over one or both depending on what the person needs.
| Area of decisions | Examples of what it may cover | Key point |
|---|---|---|
| Property and financial affairs | Managing bank accounts, paying bills, handling property, managing income | Deputy must keep the person’s money separate and account for it |
| Personal welfare | Decisions about care arrangements, where the person lives, some health matters | Court authority is more limited; day-to-day care often needs no order |
| Combined authority | Both financial and welfare powers where genuinely needed | The court grants only what is necessary, not blanket control |
Because a deputy handles someone else’s affairs, the law builds in safeguards. The Office of the Public Guardian oversees deputies, and a deputy may be required to keep proper records and report on how they have managed the person’s affairs. These duties exist to protect the vulnerable person from misuse, so a deputy should take them seriously.
The General Steps in an Application
The exact procedure, forms, and requirements are set by the Family Justice Courts and can change, so treat the following as a general outline rather than a checklist, and confirm the current process before you begin. Most applications move through a similar shape.
- Confirm capacity is genuinely lacking. A registered medical practitioner assesses and provides a report on the person’s mental capacity, as the court will need medical evidence.
- Identify a suitable deputy. This is often a close family member, but the court considers who is appropriate and whether more than one deputy is needed.
- Prepare the application. This involves filing the required documents with the Family Justice Courts, setting out the powers sought and why they serve the person’s best interests.
- Notify relevant persons. Certain family members and interested parties usually need to be informed of the application.
- The court decides. The court reviews the evidence and, if satisfied, issues an order appointing the deputy and defining their powers.
Given the paperwork, the medical evidence, and the legal standards involved, many families engage a lawyer to guide the application, especially where the estate is sizeable, relationships are strained, or the situation is urgent. A lawyer can also advise whether a deputyship is even the right tool, or whether a simpler arrangement suffices.
Costs, Duties, and Ongoing Responsibilities
Applying for a deputyship carries costs, which may include court fees, medical report fees, and legal fees if you engage a lawyer. These vary with the complexity of the case, and this guide does not quote figures because they change and depend on circumstances. Confirm the current court fees with the Family Justice Courts, and ask any lawyer for a clear fee estimate before you proceed.
Being a deputy is an ongoing responsibility, not a one-time appointment. A deputy must act within the powers granted, always in the person’s best interests, keep their finances separate, maintain records, and cooperate with the Office of the Public Guardian’s oversight. Where circumstances change, the court can vary or revoke a deputyship, so it is not necessarily permanent or fixed.
The clearest lesson many families draw from this process is the value of making an LPA early, while everyone still has capacity. It is far simpler, cheaper, and less stressful than a deputyship applied for in a crisis. If your parent or spouse still has capacity, encouraging them to consider an LPA now can spare the family a great deal later.
This article is general information for education, not legal advice, and every case differs. For guidance on your situation, engage a qualified lawyer, and refer to the Office of the Public Guardian, MinLaw, and the Family Justice Courts for the current requirements, forms, and fees.
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