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Deputyship

A deputyship order allows you to administer on behalf of mentally incapacitated people to make decisions for themselves. Applying for a deputyship order is required if there’s no existing lasting power of attorney (or enduring power of attorney) in place.

Appointed by the Court of Protection, a deputy is responsible for someone who lacks the capacity to make decisions for themselves where there is no attorney’s power. Any impairment, unstable brain functioning, such as dementia or a stroke, are among the few instances considered by the court as a lack of capacity. The lasting powers may cover finances, property or accommodation, medical treatment, other healthcare matters, and personal welfare

Deputyship orders: a deputy's duties

Whilst deputies must comply with the appointed deputyship order; a Mental Capacity Act 2005 must also be complied:

  • Unless proven otherwise, adults have the right to make decisions and must be assumed to have the capacity.
  • Appropriate and substantial help must be given to people before being considered unable to make their own decisions.
  • It’s considerable that individuals might make imprudent decisions, including the ones that others may deem eccentric.
  • Decisions made for or on behalf of a mentally incapacitated person must be in their ‘best interests’.
  • Any decision made on their behalf should be less restrictive of their basic rights and freedoms
Deputies are under an obligation to apply a high standard of care when placing decisions.
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