Deputies are appointed by an Order of the Court of Protection and are closely supervised by the Office of the Public Guardian. Every deputy must act in accordance with the principles of the Mental Capacity Act 2005.
A deputy will collaborate with clients and their family members to obtain all the different viewpoints, ensuring each decision is made in the best interests of the individual who lacks capacity.
The Order appointing the deputy will give them the authority to make a range of decisions, however there are certain decisions which will require a further application to the Court of Protection. These can include provision to:
- buy or sell property;
- proceed with non-standard investments (buy-to-let / holiday properties, ethical investments etc.);
- make statutory Wills;
- make Re ACC applications;
- make gifts.
In addition to their legal duties, all Deputies must adhere to the 2023 OPG Deputy Standards, which outline what constitutes good practice in the role. These standards focus on:
- understanding your role and legal responsibilities, ensuring compliance with the Mental Capacity Act 2005 and other relevant legislation, and acting within the scope of the Deputyship order;
- making decisions in the best interests of the person, ensuring they are involved as much as possible in decisions that affect them, and considering their wishes, beliefs, and values when making decisions;
- managing finances and property responsibly, keeping accurate and up-to-date records, providing clear evidence of all transactions, and maintaining a transparent audit trail;
- transparency and accountability, including submitting annual reports to the Office of the Public Guardian (OPG), explaining actions taken and decisions made. Deputies must also ensure that relevant stakeholders, such as family members and carers, are kept informed where appropriate;
- avoiding conflicts of interest, ensuring that the person’s finances are kept separate from the Deputy’s personal finances and acting impartially when making decisions;
- protecting the person’s funds by ensuring that appropriate safeguards are in place, including maintaining proper insurance or security bonds where required, particularly in cases involving property or financial affairs.
For professional Deputies, there are additional responsibilities under the Professional Deputy Standards. These include ensuring fair and transparent billing, maintaining clear client engagement, and implementing robust internal processes to manage the person’s affairs effectively and in compliance with best practices.
