Deputyship—the deputy’s duties and powers


Published by a ³ÉÈËÓ°Òô Private Client expert
Practice notes

Deputyship—the deputy’s duties and powers


Published by a ³ÉÈËÓ°Òô Private Client expert

Practice notes
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Duties

The duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the Mental Capacity Act 2005 Code of Practice (MCA 2005 Code of Practice). In addition, the Office of the Public Guardian (OPG)’s deputy standards set out what is expected of lay, Public Authority and professional court appointed deputies. Further duties are set out in the deputy’s declaration in Form COP4 and general duties under the law of agency also apply.

The deputyship order

A deputy has a duty to act only within the specific scope of the powers granted by the court, as set out in the order of appointment.

In situations where the deputy considers that the powers set out in the order of appointment are insufficient to discharge their duties effectively, they must make an application to the court (using Form COP1 and witness statement on Form COP24) to either:

  1. •

    ask the court to make the decision in question,

    or

  2. •

    ask the court to vary the powers set out in the order of appointment

For further

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Jurisdiction(s):
United Kingdom
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Key definition:
Deputy definition
What does Deputy mean?

An individual appointed by the Court of Protection to make decisions on behalf of a protected person in respect of either their property and financial affairs or health and welfare. The duties of deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and its accompanying practice'>code of practice.

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