Glossary · UK
What is Deputyship?
A court-granted authority allowing someone to make decisions for a person who lacks mental capacity and has no valid power of attorney.
Full Definition
Deputyship is a legal arrangement under which the Court of Protection in England and Wales appoints a deputy to make decisions on behalf of someone who lacks the mental capacity to make them and who has not set up a lasting power of attorney. There are two types: property and financial affairs deputyship, and personal welfare deputyship (granted more rarely). A deputy might be a family member or a professional, and must act in the person's best interests under the Mental Capacity Act 2005, keeping accounts and reporting annually to the Office of the Public Guardian. Deputyship matters because, without a power of attorney already in place, families cannot otherwise lawfully manage a relative's bank accounts, pay bills, or handle their assets. Applying is slower and more costly than setting up a power of attorney in advance, which is why arranging an LPA while you have capacity is widely recommended. Application and supervision fees apply; check gov.uk for current amounts.