Office Of The Public Guardian
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You can apply to become someones 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:
- theyve had a serious brain injury or illness
- they have dementia
- they have severe learning disabilities
As a deputy, youll be authorised by the Court of Protection to make decisions on their behalf.
This guide is also available in Welsh (Cymraeg).
Types of deputy
There are 2 types of deputy.
Property and financial affairs deputy
Youll do things like pay the persons bills or organise their pension.
Personal welfare deputy
Youll make decisions about medical treatment and how someone is looked after.
You cannot become someones personal welfare deputy if theyre under 16. Get legal advice if you think the court needs to make a decision about their care.
The court will usually only appoint a personal welfare deputy if:
- theres doubt whether decisions will be made in someones best interests, for example because the family disagree about care
- someone needs to be appointed to make decisions about a specific issue over time, for example where someone will live
Read the full guidance about when you need to make a personal welfare application.
Becoming a deputy
You can apply to be just one type of deputy or both. If youre appointed, youll get a court order saying what you can and cannot do.
When you become a deputy, you must send an annual deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions youve made.
Apply to the Court of Protection if you need to change or renew your court order.
Youll continue to be a deputy until your court order is cancelled or expires.
How to apply
Check you meet the requirements to be a deputy.
The application process is different depending on whether youre:
Youll also need to pay an application fee.
You do not need to be a deputy if youre just looking after someones benefits. Apply to become an appointee instead.
Checks on your application
The Court of Protection will check:
- whether the person needs a deputy or some other kind of help
- there are no objections to your appointment
If youre appointed, the Office of the Public Guardian will help you carry out your responsibilities.
Other ways to make decisions for someone
If you want to make a single important decision, you can apply to the Court of Protection for a one-off order.
If the person already has a lasting power of attorney (LPA) or enduring power of attorney (EPA), they do not usually need a deputy. Check if they have an LPA or EPA before you apply.