Deputies: make decisions for someone who lacks capacity
You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.
People may lack mental capacity because, for example:
- they’ve had a serious brain injury or illness
- they have dementia
- they have severe learning disabilities
As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf.
Types of deputy
There are 2 types of deputy.
Property and financial affairs deputy
You’ll do things like pay the person’s bills or organise their pension.
Personal welfare deputy
You’ll make decisions about medical treatment and how someone is looked after.
Getting help with your application fee
You may not have to pay an application fee depending on:
- What type of deputy you’re applying to be
- How much money you or the person you’re applying to be deputy for has
Type of deputy
Whose finances will be assessed
Property and financial affairs Theirs
Personal welfare Yours
The guidance has information about getting help with your fees.
You can claim back the fee from the funds of the person you want to be a deputy for if you’re applying to be a property and affairs deputy.
The fee will be refunded if the person dies within 5 days of the Court of Protection receiving the application.
Getting help with your supervision fees
You can apply for an exemption or reduction of the fee if the person you’re a deputy for gets certain benefits or has an income below £12,000. Read the guidance that comes with the form and apply if the person meets the requirements. The address is on the form.
If the person you’re deputy for dies, you pay the supervision fee for the part of the year when you acted as deputy. For example, you’ll have to pay £17.50 if your minimal supervision deputyship comes to an end after 6 months.
https://www.gov.uk/become-deputy/fees
Make an urgent or emergency application to the Court of Protection
You can apply to the Court of Protection to get an urgent or emergency court order in certain circumstances, for example when someone’s life or welfare is at risk and a decision has to be made without delay. If the court agrees, you’ll be able to make the necessary decision on behalf of the person who lacks mental capacity.
You will not get a court order unless the court decides it’s a serious matter with an unavoidable time limit.
Apply for an urgent interim order
You can get an urgent interim order if you’re applying to become a deputy but your application has not been approved yet.
If your application is approved, you can make a decision on the other person’s behalf.
The order must be for a specific one-off decision that needs to be made without delay, for example to get money from the person’s bank account to pay outstanding nursing home fees.
There’s no fee for an urgent interim order application.https://www.gov.uk/emergency-court-of-protection
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