Your duties as a property and financial affairs deputy explained
Being appointed as a deputy by the Court of Protection can feel daunting, especially if it’s your first time. You may be wondering what your duties involve, how much control you have or how to make decisions that are legally and ethically sound.
This guide explains the key roles and responsibilities of a property and financial affairs deputy, helping you make informed decisions in the best interests of your loved one.
When might the court appoint a deputy for financial decisions?
When a person loses the mental capacity to manage their own financial and property affairs and there is no lasting power of attorney in place, the Court of Protection may appoint a deputy. As the name suggests, a property and financial affairs deputy is entrusted with the serious responsibility of managing another person’s money, property and financial decisions.
The Mental Capacity Act 2005 sets out the powers granted to deputies and the strict obligations they must follow to ensure that the protected person's best interests are always prioritised.
What does a property and financial affairs deputy do?
The scope of a deputy’s authority is determined by a court order and may include actions such as paying bills, managing bank accounts, collecting pensions and benefits and even making decisions about selling property. You must never assume you can act outside of what the order permits. For example, making large gifts or selling a home without explicit court approval is prohibited.
The role is not only administrative but also fiduciary in nature, meaning you must act with integrity, diligence and complete loyalty to the individual you serve. The law emphasises that every decision made by the deputy must be in the best interests of the person lacking capacity. You are expected to take into account the person's past and present wishes, their values and beliefs, and involve them in decision-making as much as practically possible.
Another dimension of the property and financial affairs deputy’s role involves sensitivity and discretion. Managing someone’s finances also means influencing their quality of life. You may need to make difficult decisions, such as whether to downsize a property to fund care or how to budget for future needs. Such decisions must comply with legal standards and reflect an empathetic understanding of the person's circumstances, dignity and welfare.
Legal responsibilities of a deputy for property and financial affairs
Deputies must usually arrange a security bond, which acts as a form of insurance to protect the individual’s assets from potential mismanagement or fraud. Deputies are subject to legal checks and professional oversight, and can be held personally liable for losses that arise from negligent or dishonest conduct.
This means that if you make careless financial decisions, you could be required to repay losses from your own funds, even if the mistake was unintentional. We would encourage you to seek legal or financial advice to ensure that decisions, particularly those involving large sums or complex investments, are made prudently and lawfully.
Day-to-day financial management must be carried out with a high standard of care. You are required to keep the individual’s finances separate from your own, maintain accurate records and be transparent in all transactions. This includes documenting every expense, decision and correspondence.
Each year, you must submit a full deputy report to the Office of the Public Guardian (OPG), detailing all financial movements and decisions made on behalf of the person under their care. These reports allow the OPG to monitor your performance and intervene when necessary.
Upholding trust when it matters most
Carrying out the role of deputy often comes with pressure and uncertainty. You may be balancing the emotional weight of caring for a loved one with the legal and financial responsibility of managing their affairs. The decisions you make have real consequences, not just financially but for the person’s quality of life and dignity.
When done effectively, deputyship helps protect a vulnerable person’s wellbeing, allowing them to live as fully and independently as possible. But you don’t have to manage it all alone.
At LCF Law, we help non-professional deputies understand and meet their obligations, whether that means assisting with annual deputyship reports, advising on complex financial decisions or simply being on hand to answer questions.
If you’re acting as a property and financial affairs deputy and would like support, we’re here to help.
How Nicole can help
Nicole Narey is a solicitor in our personal law team who has significant experience in assisting professional and non-professional deputies. Contact Nicole on 01274 386571 or by email at ku.oc.fcl@yerann.
Thank you to trainee solicitor Matthew Robinson-Storey for drafting this article.
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