The Court of Protection deals with the affairs of people who have lost mental capacity, either by making financial or welfare decisions for them or by giving another person (i.e. a deputy) the authority to do so. The most common application to the Court of Protection is to appoint a deputy to manage the…

You can only be a deputy for a person who lacks capacity if you are over the age of 18. Ideally, the deputyship application should be made by someone who knows the person who has lost mental capacity well, understands their wishes and can involve them as much as possible in making decisions —…

When making decisions as a deputy, you must act in accordance with the principles of the Mental Capacity Act and the accompanying Code of Practice. You can find and view the Mental Capacity Act Code of Practice at www.gov.uk/opg/mca-code.

The Court of Protection will decide what powers are appropriate and set these out in the deputyship order. If you are acting as a deputy, you must take care not to exceed your authority. With that in mind, you may need to go back to the Court of Protection to seek further permissions. For…

Yes, you must keep a record of all dealings and transactions made on behalf of the person who lacks capacity. Papers to be retained should include copies of all bank statements, contracts, receipts of purchases and any correspondence that you have sent as deputy. You will need this information to complete the annual deputy…

To apply to be a deputy, you need to complete a paper application and obtain a capacity report confirming the loss of mental capacity. The paperwork is very detailed and can take a long time to complete. If you decide not to seek professional advice, you must be confident about the order you are…