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Page updated: 13 Sep 2011

Mental capacity act - court appointed deputies

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A Deputy is a person appointed by the Court of Protection to manage the affairs of someone who has lost capacity where they have not planned ahead by making an Lasting Power of Attorney (LPA) (or an Enduring Power of Attorney (EPA) before 1/10/07), There are two types of a Deputy, one for Property and Affairs and one for Health and Welfare.

The decision as to who to appoint as Deputy is a judicial decision and the Court will appoint the person it most thinks is in the person’s best interest.

The Court will look at a range of factors when deciding who to appoint and will appoint a professional to act as a Deputy where there is nobody willing or able to act on behalf of the person lacking capacity.

Supervision of Deputies

One of the responsibilities of the Public Guardian is to supervise and support Court appointed Deputies. There are four levels of supervision:

  • Type 1 - close supervision - for complex cases, where there are disagreements or the Deputy is under investigation. 
  • Type 2A - intermediate supervision – often appropriate for new lay Deputies who require for support particularly in their first year. 
  • Type 2 - light supervision - where the Deputy is a close relation and the case is straightforward. 
  • Type 3 – minimal supervision -where the assets are less than £16,000 (correct at August 2011)

What fees are payable? (Correct at August 2011)

  • Type 1 - £800 per annum 
  • Type 2a - £350 per annum 
  • Type 2 - £175 per annum 
  • Type 3 - No fee payable

Panel Deputies

This is a list of approved professional Deputies referred to by the Court of Protection (CoP) in situations where nobody closer to the Client is willing or able to act. The panel of Deputies are responsible for supporting Clients by managing their financial needs. Panel Deputies are not guaranteed cases but have to apply and be approved by the Court.

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