About Deputyship Orders

What is a Deputyship Order?

A Deputyship Order is an order granted by the Court of Protection.  This Order appoints a Deputy to oversee matters for a mentally incapacitated person.  A third party must apply for this Order is after a person loses mental capacity.

The Deputy may manage the personal welfare, property, or affairs of the person lacking mental capacity.  A Deputyship Order also protects a person lacking capacity from numerous types of abuse, including financial abuse.

Once appointed, the Deputy makes decisions for the person lacking mental capacity.  Each order is granted on a case-by-case basis, and will dictate whether the Deputy oversees financial affairs, medical decisions, personal welfare, or any combination of these.  The Deputy must always act in the best interest of the mentally incapacitated person.  The type of Deputyship Order granted depends on the incapacitated person’s level of need.

 

When does a person lack mental capacity?

Decisions regarding mental capacity are made on a case-by-case basis, and are governed by the Mental Capacity Act 2005.  The Court considers dementia, learning disabilities, stroke, head injuries, and mental health issues when determining whether a person lacks mental capacity.

To receive a Deputyship appointment, you must prove that a person lacks mental capacity.  Once the Court appoints a Deputy, the Deputy must still give weight to the person lacking mental capacity’s wishes, even if the wishes are nontraditional.  To ensure that the Deputy follows these rules, the Office of Public Guardian supervises and enforces these and other rules.

 

Why do I need a Deputyship Order?

You need a Deputyship Order if someone in your life lacks mental capacity and needs help overseeing his or her personal or financial well-being.  A Deputyship Order is an essential tool to manage your loved one’s best interests, property, and resources