Estate Planning Guide -- Updated July 2026
Court of Protection Deputyship Guide 2026/27
When someone loses the mental capacity to manage their own money and property, and never made a Lasting Power of Attorney while they were able to, a family member or friend usually has to apply to the Court of Protection to be appointed as their deputy. This guide explains the process, the costs, and what the role involves once you are appointed.
What Deputyship Is
A deputy is someone formally appointed by the Court of Protection in England and Wales, under the Mental Capacity Act, to make decisions about property and financial affairs on behalf of a person who lacks the capacity to make those decisions themselves. Deputies are most often needed after an accident, stroke, or a progressive condition such as dementia leaves someone unable to manage their own bank accounts, bills, property, or benefits.
A separate type of deputy, for personal welfare, can be appointed to make health and care decisions, though this guide focuses on the property and financial affairs role, which is the one most people need to keep a loved one's finances running.
Deputyship vs a Lasting Power of Attorney
A Lasting Power of Attorney (LPA) can only be created while a person still has the mental capacity to understand and sign the document, appointing an attorney of their own choosing in advance. Deputyship is the fallback route used when someone has already lost capacity and no LPA was ever made -- the court, rather than the person themselves, decides who is appointed and under what conditions.
Because the court, not the individual, is making the appointment, deputyship generally involves more oversight than an LPA: a security bond, an application fee, and an annual report to the Office of the Public Guardian are all typically required, none of which apply to a registered LPA once it is in use.
How to Apply
The application is made to the Court of Protection using the relevant forms, supported by medical evidence confirming the person lacks capacity to manage their own financial affairs. You will need to set out the person's assets, income and liabilities, explain why deputyship is needed, and notify certain people connected to the person, who have the right to raise objections.
Many families use a solicitor experienced in Court of Protection work to prepare the application, though it is possible to apply without one. Processing generally takes several months, and can take longer if the application is incomplete, contested, or the court asks for further evidence.
Costs Involved
Expect to pay a court application fee, an assessment fee, and an ongoing premium for the security bond that protects the protected person's estate if the deputy mismanages funds. Solicitor fees, if you use one, are on top of these court costs. Fee remission based on income is available for applicants who qualify, and reasonable costs of the application can usually be paid from the protected person's own funds once the deputyship is granted.
Ongoing Duties as Deputy
Once appointed, a deputy must always act in the protected person's best interests, keep their money entirely separate from the deputy's own finances, keep clear records of every transaction, and usually submit an annual report to the Office of the Public Guardian detailing income, spending, and any decisions made on the person's behalf.
The court order will set out the specific powers granted -- for example, whether the deputy can sell the person's property, and any decisions outside those powers need a fresh application to the court before they can go ahead.