One can be appointed as someone’s “Deputy” by the Court of Protection when that individual is unable to make decisions for themselves, due to a lack of mental capacity – these decisions can relate to either finances or health. Such an appointment usually occurs because the vulnerable individual did not create an Enduring Power of Attorney or a Lasting Power of Attorney while they had mental capacity: therefore, an application needs to be made to the Court of Protection for the Court to appoint a “Deputy” to make decisions for the vulnerable individual.
The role of a Financial Affairs Deputy is to manage/safeguard the property and finances of the vulnerable individual. The Deputy has the same authority as the vulnerable individual with the same powers (unless restricted by the Court). The Deputy must always act in the best interests of the vulnerable individual and ensure that the decisions which they make solely related to that individual and their best interests.
Paris Smith Trust Corporation Limited can be appointed as a Financial Affairs Deputy if the individual does not have appropriate person/persons or if there is a difficult family dynamic (this is separate to a Panel Deputy – which refers to a panel of professional deputies that the Court of Protection can allocate cases to).
There might be a need for someone to make decisions about Health and Care matters. The Court of Protection can appoint an appropriate person to be appointed as a Health and Care Deputy. There must be a justifiable need for such an appointment which must be demonstrated to the Court.
Our Vulnerable Client team can advise you in relation to making a Deputyship application and the requirements.