Deputyship order: Fees and responsibilities

A deputyship order gives someone legal powers to make decisions on someone else’s behalf if that person lacks the capacity to make decisions for themselves and they have not made a Lasting or Enduring Power of Attorney.

For example, if they should move into a care home and/or what medical treatments they should receive. This page explains what it means to become a deputy, applying for deputyship and deputyship fees.

What is a deputyship order and when is it used?

Deputyship orders are used after someone has lost their mental capacity and when there is no Lasting Power of Attorney (LPA) in place.

A person who lacks the mental capacity to make decisions relating to their care or finances could, for example, be someone living with dementia. As dementia progresses, the person may find it increasingly difficult to both understand and communicate decisions around where they want to live, how they wish to be cared for. They may also need help to manage their financial affairs, such as organising their pension or paying the bills.

Other examples of mental incapacity include if a person has suffered a serious brain injury or other debilitating illness, or they have a severe learning disability.

They may then need someone they trust to take care of these issues for them. Some people may have planned in advance and given a family member or someone close to them a Lasting Power of Attorney. But if this is not the case, a deputyship must be used to make decisions on their behalf.

Court of Protection appoints the deputy’s powers

Deputies are appointed by the Court of Protection, which sets out and authorises the deputy’s powers. To become a deputy, you must make an application to the Court of Protection, which can take some time and comes with certain fees. You can find more information on how to apply for a deputyship further down the page.

If you become a deputy, responsibilities relate to making decisions around the person’s property and financial affairs, or personal welfare, which are the two types of deputyship.

Each time you make a decision, you have to take the person’s current level of mental capacity into account – they may be able to make the decision themselves – and ensure what you decide is in their best interests.

Who can apply for deputyship?

Anyone over the age of 18 can apply to become a deputy. Deputies are usually family members, close friends or relatives.

To be appointed a property and affairs deputy, you must have the required skills to make financial decisions for the person who needs help.

The Court of Protection can appoint more than one deputy. You can either apply for:

• ‘joint deputyship’, meaning all deputies must agree on a decision for it to be made
• ‘joint and severally’, meaning deputies can make decisions on their own or with other deputies 

How much does a deputyship order cost?

Deputyship fees

Before you become a deputy:

The application fee for a deputyship order is £371. If you are applying to become both types of deputy, you must pay double the amount.

You will have to pay another £494, if the court decides a hearing is needed,

If you apply to become a property and financial affairs deputy, you may also have to cover the cost of setting up a security bond, which is a type of insurance protecting the finances of the person you are deputy for.

After you become a deputy:

After you have been appointed as a deputy, there is an annual cost in the form of a supervision fee, which is higher or lower depending the level of supervision your deputyship needs.

The general supervision fee is £320, and £35 for minimal supervision. Minimal supervision could apply if you manage less than £21,000.

New deputies must also pay an assessment fee of £100.

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 per year. Read more here.

What does a deputyship allow you to do?

Regardless of the type of deputyship order, a deputy must always act in the person’s best interests, in accordance with the Mental Capacity Act 2005.

A deputy is not allowed to delegate their duties unless they are specifically authorised to do so. Further, deputies must act in good faith and comply with the direction of the Court of Protection.

It is paramount that a deputy does everything in their power to help the person understand the decision and take advice from relatives or health professionals.

A deputy must provide an annual deputyship report to the court, outlining the decisions you have made on the person’s behalf. If you are a property and financial affairs deputy, you should also provide a summary of their accounts.

Types of deputyship

There are two types of deputyship – a property and financial affairs deputy and a personal welfare deputy.

Responsibilities as a property and financial affairs deputy

A property and financial affairs deputyship can give you the power to manage another person’s finances. This could be everything from making sure the person’s bills are paid on time, pay off debts, apply for benefits and more.

Additionally, if the person is in residential care or must move into a nursing home, you can organise the sale of their home to pay for the fees if necessary.

To become a property and financial affairs deputy, you must have the required skills to make financial decisions.

You must also keep your own money and property separate from the person’s and keep records of the finances you manage for them. These should be provided to the courts in the annual deputyship report.

If the person already has an attorney in place to manage their financial and property affairs, it is unlikely the Court of Protection will appoint a deputy. 

This may also be the case if the person has no savings or property and benefits are their only income as it might not be necessary to appoint a deputy. Their benefits may instead be managed by an appointee, appointed by the Department for Work and Pensions (DWP)

Responsibilities as a personal welfare deputy

Becoming a personal welfare deputy of someone who lacks mental capacity means that you will be able to make decisions about the person’s care and treatment, unless they have appointed an attorney.

The Court of Protection will normally only appoint a personal welfare deputy in two cases:

1. If there is doubt whether decisions are made in the person’s best interests. For example, this could be if there is a disagreement about treatments within the person’s family.
2. If someone must be appointed to make decisions about a specific issue over time. This could be if the person needs regular treatment or supervision and a decision has to be made over where they should live. 

What is the difference between a Lasting Power of Attorney and deputyship?

Both a Lasting Power of Attorney (LPA) and a deputyship order allows someone to make decisions for a person who has lost mental capacity. An LPA is made before a person loses their mental capacity, while a deputyship order is put in place when the person already lacks mental capacity.

• A person can only make an LPA while they still have the capacity to do so, while a deputyship is put in place after someone has lost their mental capacity.
• An LPA is a legal document allowing a person to choose who should make decisions for them in the future. Deputies are appointed by the Court of Protection when the person can no longer choose.
• A deputyship order is more expensive than an LPA and can take significantly more time to process, which can create problems if things are moving quickly. . 
• The supervision of a deputy is more rigorous compared to that of an attorney. A deputy has to provide the Office of the Public Guardian with annual reports, as opposed to an attorney who is not required to do so.

Applying for deputyship

A deputyship order application is submitted to the Court of Protection. Applying includes giving the court detailed information about the circumstances of the person lacking mental capacity.

To apply, you must download and complete the following forms:

• COP1 – apply to make decisions on someone’s behalf
• COP3 – an assessment of the person’s capacity to make decisions
• COP4 – apply to become someone’s deputy
   
• COP1a – if you are applying to become a property and financial affairs deputy
• COP1b – if you are applying to become a personal welfare deputy

You can access the forms on the UK government’s website by clicking here.

The forms should be sent to the Court of Protection, including a cheque with the application fee.

After you have sent your application, you must notify the person you are applying to become a deputy for, as well as at least three people named in your application, such as family members of the person, or their social worker.

The application process is long. Expect anything between several weeks to months before you get a decision.