Deputies can make financial decisions on behalf of someone who lacks the mental capacity to do so themselves. A court order appoints Deputies through the Court of Protection and this route is appropriate for those individuals who do not have the capacity to appoint a Lasting Power of Attorney. 

The court order appointing a Deputy is likely to last for the remainder of the vulnerable person’s life, unless there is a reason for a time-limited order. 

There may arise a situation where the Deputy cannot continue acting, such as:

• they are professional Deputies who are retiring from their job; 
• they are suffering from ill health;
• they are moving abroad; or 
• their circumstances change and they do not feel able to continue their role. 

It is important to note that if you need to replace a Deputy, a new application to appoint the replacement Deputy needs to be made to the Court of Protection, as this follows the same process as appointing a new one.

It is vital to consider this when appointing Deputies. As an example, if Mr P (who lacks capacity to manage his finances) is quite young, is there a sibling of his that would act alongside a parent (on a joint and several basis) so that if Mr P outlives the parent, the sibling can continue the deputyship and act for Mr P? This would avoid the need for a new application to be made to the Court of Protection.

Having to replace and appoint new Deputies is sometimes unavoidable. For help or general advice if you are or know someone already appointed as a Deputy, please contact me.