What is Deputyship?

Created: 18 January 2026

What Is Deputyship?

Deputyship is a legal arrangement that applies when a person can no longer make certain decisions for themselves and does not have a Lasting Power of Attorney (LPA) in place.

In simple terms, deputyship allows someone—called a deputy—to be officially appointed by the Court of Protection to manage another person’s affairs and make decisions on their behalf.

Deputyship is mainly about protection and oversight. When someone lacks mental capacity, the law steps in to make sure their finances, welfare, or both are handled properly and in their best interests.

When Is Deputyship Needed?

Deputyship is usually required when:

This might happen, for example, after:

Once capacity is lost, it is too late to make an LPA, so deputyship is the only legal route available.

The Role of the Court of Protection

The Court of Protection is responsible for:

No one can simply “take over” another person’s affairs informally. Without court approval, banks, care providers, and institutions often cannot accept instructions—even from close relatives.

Deputyship gives legal authority where none would otherwise exist.

The Two Main Types of Deputyship

There are two kinds of deputyship, although one is much more common than the other.

1. Property and Financial Affairs Deputyship

This is by far the most common deputyship.

It allows the deputy to manage things such as:

For many families, this type of deputyship is essential just to keep day‑to‑day life running smoothly.

2. Health and Welfare Deputyship

This type is much rarer.

It may allow decisions about:

The court is very cautious about granting health and welfare deputyships. This is because most health and care decisions can already be made by doctors and professionals using “best interests” principles, without needing a deputy.

Health and welfare deputyship is usually only granted where:

Who Can Apply to Be a Deputy?

A deputy is often:

The court considers:

More than one deputy can be appointed, and sometimes professional deputies are chosen if there are complicated finances or family disagreements.

What Powers Does a Deputy Have?

A deputy’s powers are:

Deputies must:

Unlike attorneys under an LPA, deputies generally cannot make gifts, change wills, or make certain healthcare decisions unless the court specifically allows it.

Deputyship Comes With Responsibilities

Being a deputy is a serious legal responsibility, not just a practical role.

Deputies must:

If a deputy fails to act properly, they can be:

How Long Does Deputyship Last?

Deputyship usually continues:

If circumstances change, deputies may need to apply back to the court for new or extended powers. Deputyship is not a one‑off decision, but an ongoing legal framework.

Why Deputyship Is Often Harder Than an LPA

Many people compare deputyship to an LPA and notice some key differences:

With an LPA, the individual chooses who acts and sets out their wishes in advance. With deputyship, the court makes those decisions after capacity has already been lost.

This is why solicitors often describe deputyship as a “last resort,” even though it is essential in many situations.

The Costs of Deputyship

Deputyship involves several potential costs, such as:

Some people are eligible for help with fees, depending on income and circumstances.

A Final Thought

Deputyship exists to protect vulnerable people, not to make life difficult for families. When someone loses mental capacity unexpectedly and has no LPA, deputyship provides a lawful and structured way for decisions to be made safely.

That said, it can be:

For many families, deputyship works well once it is established—but it often highlights the importance of planning ahead wherever possible.

The forms to make a deputyship application and guidance are on the .GOV website. You will note one of the required forms is a mental capacity assessment (form COP3). We can be instructed to complete a COP3 mental capacity assessment, please contact us if we can assist you.