Appointing a Court of Protection Deputy

A Deputy is responsible for acting and making decisions on behalf of a person who lacks the mental capacity to make the decisions themselves.

There are two types of Deputy:

1. A Deputy for property and affairs who looks after the personal finances and property of somebody who lacks the capacity to look after their own affairs. 

2. A Deputy for personal welfare who looks after an incapacitated person’s health and welfare.
The Court order appointing the Deputy will set out what decisions the Deputy can make and any decisions must be made in accordance with the principles set down in the Mental Capacity Act 2005.

How we can help
We can advise on and assist with the Court's requirements for making an application to the Court of Protection:

• Completion of all relevant paperwork
• Obtaining the necessary medical evidence
• Lodging the application

We can also assist in certain aspects of Deputyship general management, including:

• The sale and purchase of property
• Employment of staff
• Completion of annual tax returns
• Deputyship accounts

Where there is no one able, suitable or willing to take on the responsibilities of a Deputy the Court can appoint a professional person to this role. Our professional deputies can act in cases where there is no other person available or willing to do so. Cases are considered on an individual basis. 

We can guide you through the legal process, providing straightforward, practical, cost-effective advice.

Our Fees
We offer a 15 minute Free First Advice service.

As the reasonable costs of appointing a Deputy are payable from the funds of the incapacitated person this also means we would not usually ask for any upfront costs from you.


Contact our team of expert solicitors to discuss your needs. We offer free initial  advice. Call our team on 0117 929 0451 or by email


  • What is a Court of Protection Deputy

    A Deputy is responsible for acting and making decisions on behalf of a person who lacks the mental capacity to make the decisions themselves.

    There are two types of Deputy:

    1.    A Deputy for property and affairs to look after the personal finances and property of somebody who lacks the capacity to look after their own affairs; and

    2.    A Deputy for personal welfare to look after an incapacitated person’s health and welfare.

    The Court order appointing the Deputy will set out what decisions the Deputy can make and any decisions made must be made in accordance with the principles set down in the Mental Capacity Act 2005. 

  • When is the appointment of a Property and Affairs Deputy appropriate?

    If a person lacks the mental capacity to make decisions about their property and financial affairs, and they have not previously made an Enduring or Lasting Power of Attorney when they had the ability to do so, then an application will usually be necessary to the Court of Protection to appoint a Deputy to: 

    • Deal with any cash assets, e.g. bank and building society accounts; 
    • Manage or sell property; and 
    • Deal with any capital assets and make any investment decisions. 
  • I have been appointed as a Deputy for a family member and have been told that I need to take out a security bond. Does this mean that the Court does not trust me?

    This does not mean that the Court does not trust you.  The Court of Protection requires that all Deputies appointed to look after an incapacitated person’s property and affairs arrange a security bond with an insurer.

    The security is a type of insurance policy designed to financially protect the person who lacks the capacity in the unlikely event that the Deputy were to mis-manage their finances.  

    The requirement to arrange a security bond is a standard business precaution and is not intended to reflect on the Deputy’s personal integrity. 

    The Court will set the level of the security bond and this will be determined by the level of assets owned by the incapacitated person.  The premium payable will be higher if the incapacitated person has significant financial assets. 

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