When a person loses the mental capacity to manage their own affairs, whether through dementia, a stroke, a brain injury or a serious accident, someone else has to step in to handle their money, property and care. If that person made a Lasting Power of Attorney in advance, the appointed donee simply takes over. But if there is no LPA, the family faces a harder route: applying to court to be appointed as a deputy.

Deputyship is governed by the Mental Capacity Act 2008. This guide explains when a deputy is needed, who can apply, the court process, what powers and duties a deputy has, the reporting owed to the Office of the Public Guardian (OPG), an honest word on costs, and why making an LPA in advance avoids the whole exercise.

When Deputyship Is Needed

Deputyship becomes necessary when two things are both true: a person has already lost mental capacity to make certain decisions for themselves, and they did not put an LPA in place beforehand. Common situations include:

  • An elderly parent whose dementia has progressed to the point they can no longer manage their bank accounts or make care decisions.
  • A relative left incapacitated by a stroke or serious illness.
  • A family member with a severe brain injury after an accident.
  • An adult with a significant intellectual disability who has never had the capacity to make these decisions independently.

In each case, without legal authority, the family cannot simply help themselves to the person’s money to pay for care: banks will freeze accounts, and property cannot be sold. Deputyship provides that authority. Mental capacity is decision-specific: a person may be able to make some decisions but not others, and the court focuses on the decisions that actually need to be made.

Who Can Apply to Be a Deputy

There is no fixed order of priority as there is for administering an estate. Usually a close family member applies, whether a spouse, adult child, parent or sibling, because they know the person and their needs best. More than one deputy can be appointed, for example two siblings acting together, and the court can specify whether they must act jointly or may act separately.

A deputy must be at least 21 and suitable to take on the role. The court’s overriding concern is the best interests of the person who has lost capacity, so it will consider whether the proposed deputy is trustworthy, willing, and free of conflicts of interest. Where family members disagree over who should be deputy, the court decides.

The Court Process

A deputyship application is made to the Family Justice Courts. While the details vary with each case, the application generally requires:

  • A medical report assessing the person’s mental capacity, confirming they lack the capacity to make the relevant decisions. This is the evidential foundation of the whole application.
  • An affidavit from the proposed deputy setting out the person’s circumstances, the decisions that need to be made, details of their assets and needs, and why the applicant is suitable.
  • Notice to and consent from other close relatives where appropriate, so the court knows the family’s position and no one with an interest is left out.

For straightforward cases (for example, where the assets are modest, the family agrees, and the orders sought are uncontroversial), there is a simplified track designed to make the process quicker and less onerous than a fully contested application. More complex or disputed cases follow the ordinary process, which takes longer. Once satisfied, the court makes a deputyship order setting out exactly what the deputy is authorised to do.

What Powers a Deputy Gets

A deputy’s powers are defined and limited by the court order; they are not a blank cheque. Depending on what the court grants, a deputy may be authorised over:

  • Property and affairs: operating bank accounts, paying for care and living expenses, managing investments, and dealing with property, within the limits the order specifies.
  • Personal welfare: decisions about care arrangements, where the person lives, and certain healthcare matters.

The court often places conditions on larger transactions, for instance requiring its further approval before selling the person’s home or making gifts. Anything falling outside the order requires a separate application back to court, which is one reason deputyship is less flexible than an LPA, where the donor themselves set the scope in advance.

A Deputy’s Duties and Reporting to the OPG

Being a deputy is a position of legal responsibility, not merely a convenience. A deputy must:

  • Always act in the person’s best interests, following the principles of the Mental Capacity Act.
  • Keep the person’s money and property separate from their own, and keep proper accounts and records of everything they do.
  • Act only within the scope of the court order, and involve the person in decisions as far as they are able.
  • Report to the Office of the Public Guardian, which supervises deputies. Deputies are generally required to submit periodic reports and accounts so the OPG can check the person’s affairs are being handled properly.

The OPG can investigate complaints and concerns, and the court can vary a deputyship order or remove a deputy who fails in their duties or acts against the person’s interests. These safeguards exist precisely because the person being protected cannot speak up for themselves.

An Honest Word on Costs and Time

Deputyship costs more and takes longer than an LPA. You should budget for a medical report, court filing, and usually legal fees for preparing the affidavits and application, and the ongoing obligation of reporting to the OPG continues for as long as the deputyship lasts. The exact figures depend on the complexity of the case, whether it qualifies for the simplified track, and the professionals you engage, so obtain quotations rather than relying on a single headline number. What is certain is that it is a heavier undertaking than the modest, one-off effort of making an LPA. Where cost is a barrier, it is worth asking about the simplified track and any assistance schemes, and checking current fee information published by the OPG on the MSF website.

Why an LPA Made in Advance Avoids All This

Almost everything about deputyship (the medical report, the court application, the legal costs, the delay, the loss of any say in who acts) exists only because no LPA was made in time. A Lasting Power of Attorney is made while you still have capacity, lets you personally choose who will act for you and set the limits, and comes into effect automatically if you lose capacity, with no court application needed.

Put simply: an LPA is the planned, inexpensive option you set up in good health; deputyship is the costly, court-driven fallback the family is forced into once it is too late for an LPA. If you or an older relative have not yet made an LPA, doing so now is one of the most valuable steps you can take to spare your family a deputyship application later. It sits alongside writing a will as part of getting your affairs properly in order.