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Deputies: making decisions for someone who lacks capacity

You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.

People may lack mental capacity because, for example:

  • they’ve had a serious brain injury or illness
  • they have dementia
  • they have severe learning disabilities

As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf. There are two types of deputy

  • property and financial – e.g. paying bills, organising pension
  • personal welfare – e.g. decisions about medical treatment and how someone is looked after.

You can have both types of deputy status.

When you become a deputy, you must send an annual report to the Office of the Public Guardian each year explaining the decisions you have made.

 For more information and to apply visit the Gov.uk website

https://www.gov.uk/become-deputy

Last updated 26/10/2023