Deputyship orders: When do you need the Court of Protection?
When a loved one loses the ability to make important decisions, due to illness, injury or disability, it can be an incredibly stressful and emotional time. If they haven’t put a lasting power of attorney (LPA) in place, you may suddenly find yourself unable to help them with even the most basic financial or personal matters.
This is where the Court of Protection (CoP) and deputyship orders come in.
At LCF Law, we guide families through the entire deputyship process, helping you understand your legal options and take the necessary steps to support your loved one.
What is a deputyship order?
A deputyship order is a legal document issued by the Court of Protection. It allows someone, called a deputy, to act on behalf of a person who no longer has the mental capacity to make their own decisions.
There are two types of deputyship orders:
Property and financial affairs deputyship
This allows the deputy to handle money matters such as paying bills, managing bank accounts, collecting pensions or even selling property.
Personal welfare deputyship
This covers decisions about medical care and daily living. It is less common and only granted in very specific situations.
When might a deputyship order be needed?
A deputyship order might be necessary if:
- No power of attorney was set up before the person lost capacity or the existing one is no longer valid (for example, if all appointed attorneys can no longer act).
- Long-term financial decisions need to be made, such as arranging care funding, managing income or selling assets.
Banks or care providers require formal authority before allowing someone to act on the individual’s behalf. They won’t accept good intentions alone - they need legal confirmation that you have the right to act.
Who can be a deputy?
Deputies are usually close family members or trusted friends. If no one suitable is available or the situation is particularly complex, a professional deputy such as a solicitor can be appointed instead.
You can have one deputy or multiple. If more than one is appointed, you can choose for them to act:
- Jointly - all decisions must be made together.
- Jointly and severally - they can make decisions independently or together. Be careful if choosing the ‘joint’ option - if one deputy can no longer act, the order becomes invalid.
What’s the process?
Applying for a deputyship order involves several steps:
- Mental capacity assessment
A qualified professional (such as a GP or psychiatrist) must assess the person to confirm they no longer have capacity. - Court forms
Several detailed forms must be completed and submitted to the Court of Protection, explaining why the deputyship is necessary. - Notification of interested parties
Close relatives and anyone else closely connected to the individual must be informed of the application. - Court decision
The court will review the application and, if satisfied, issue the deputyship order.
How long does it take?
On average, 6–10 months. The Court only speeds things up in exceptional circumstances.
Ongoing responsibilities: Annual reporting
Being appointed as a deputy carries long-term legal responsibilities. One of the most important is completing an annual report to the Office of the Public Guardian (OPG).
Every year, deputies must complete a report that outlines:
- All income and expenses for the person they are managing affairs for
- Major decisions made during the year
- Bank balances and any financial changes
- Evidence of how they have acted in the person's best interests
This reporting ensures transparency and protects the individual who lacks capacity. It can feel daunting but it’s essential, and help is available.
At LCF Law, we regularly help deputies with their annual reporting to ensure compliance with their duties.
How we can help
Applying for a deputyship order can feel overwhelming. Our experienced solicitors provide clear step-by-step guidance through the entire process, support with completing all legal forms and advice on ongoing responsibilities as a deputy.
If you think a deputyship order may be required for a loved one or are unsure on what legal steps to take, our team is here to help.
Nicole Narey is a solicitor in our personal law team who has significant experience in dealing with deputyship orders. Contact Nicole on 01274 386571 or by email at ku.oc.fcl@yerann.
Thank you to Paralegal Holly Jackson for drafting this article.
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