The Court of Protection has the power to grant two types of deputyship order:
- A deputy who is responsible for handling affairs concerning finances and estate – e.g. paying bills, managing savings and maintaining pension pots.
- A deputy who is responsible for the individual’s welfare, e.g. medical treatment and care.
Any appointed deputy must act in the best interests of the individual and provide them with a high standard of care.
While family members are legally permitted to apply for the role of deputy, many (and sometimes the court) decide to appoint a professional deputy instead, such as a Court of Protection solicitor. It may be that the individual without capacity’s daily affairs are simple to manage, but because they’ve suffered an accident, injury or form of medical negligence, it’s best to seek the help of a professional deputy who can properly handle the person’s finances and make any decisions on their behalf. Many family members might find it stressful and daunting, and prefer to enlist the help of an expert who can make decisions with the right knowledge.