A deputy is a person that is appointed by the Court of Protection to help someone make decisions, or to make decisions on their behalf, because they do not have the mental capacity to do so. The person who the deputy acts for is known as a ‘protected party.’ However, if the person already has a lasting power of attorney, or an enduring power of attorney, they do not usually need a deputy.
To be a deputy you must be aged 18 or over, and can either be a professional, such as a solicitor, or a lay deputy, which is usually a close family member or a friend of the protected party. Specialist Court of Protection solicitors exist and have a much deeper understanding of the responsibilities of the role.
The Court of Protection can appoint more than one deputy for the same protected party.
A deputy is appointed by the Court of Protection making a court order which says what the deputy can and cannot do, and they will continue to be a deputy until the court order is cancelled or expires.
What are the types of Court of Protection deputy?
There are two types of deputy. The first is a property and financial affairs deputy, who makes decisions about the property and finances of the protected party, such as whether to purchase a property or obtain financial advice on their behalf.
The second type of deputy is a personal welfare deputy, and this type of deputy makes decisions about the way the protected party is looked after, and what medical treatment they do or don’t receive.
What does a Court of Protection-appointed deputy do?
Once appointed by the Court of Protection the deputy must help the protected party make decisions, or make decisions on their behalf, whilst acting in their best interests and complying with the Mental Capacity Act 2005.
The deputy must also do many other things, including explaining the decisions that they have made by sending a deputy report to the Office of the Public Guardian each year.
The Office of the Public Guardian supervises the deputy, and they are authorised to contact them, or to visit them, to check that they are meeting the required standards.
The requirements of a deputy can be time-consuming and difficult for a lay deputy, so a professional deputy, such as a deputyship solicitor, is often recommended. A professional deputy will also be able to make objective decisions about the best interests of the protected party, which might be more difficult for a friend or family member.
When are deputies involved with medical negligence claims?
When compensation is received by a Claimant, who is the injured person in a medical negligence claim, a property and financial affairs deputy may be needed if the Claimant cannot make the decisions that need to be made when they need to be made. Such decisions include things like paying bills, dealing with banks, insurers and utility companies, applying for benefits, and employing and paying staff etc.
Compensation might be received as an interim payment whilst the claim is ongoing, or at the end of the claim when it is settled.
The deputy may assist in securing compensation during the medical negligence claim and will manage the compensation received to ensure that it is used for the protected party’s best interests.
How we can help
If you would like to discuss your medical negligence claim or find out more about how our professional deputyship team can help you, please get in touch.