Deputyship Orders – An Overview

A Deputyship Order gives a ‘deputy’ the ability to make decisions on behalf of a person who has lost mental capacity and therefore cannot make a Lasting Power of Attorney themselves.

A deputy will be able to make decisions for the person in relation to

1. their property and finances and/or
2. their welfare.

The application will need to provide evidence that the person the application relates to lacks mental capacity. A doctor or GP will have to carry out a mental capacity assessment.

The Mental Capacity Act sets out 5 statutory principles:-

1. A person is assumed to have capacity unless it is established otherwise.
2. A person is not to be treated as unable to make decisions unless all practical steps to help them have been taken without success.
3. A person is not to be treated as unable to make a decision merely because he makes an unwise decision.
4. An act done or decision made under this Act or on behalf of a person who lacks capacity must be done or made in his best interests.
5. Before the act is done or decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the persons’ rights and freedom of action.

The application is made to the Court of Protection who will decide if the Deputyship Order should be granted.

If the Deputyship Order is made, the Office of the Public Guardian (‘OPG’) will support the deputy throughout their appointment as there are a number of duties which are onerous.

If you wish to discuss this further please contact Ann Coutts on 020 8502 3991 for more information.