7th October 2025
If a loved one loses mental capacity and there’s no valid Lasting Power of Attorney (LPA) in place, someone must step in to manage their affairs. In many cases, that means applying to the Court of Protection to become their lay deputy.
It’s an important role that comes with legal duties and significant responsibility, but with the right guidance you can approach it with confidence and ensure decisions are made in their best interests.
Tammy Draycott, Wills and Probate Solicitor at Myers & Co, explains what’s involved in a lay deputy application and what you need to know before you start.
A lay deputy is usually a family member or close friend appointed by the Court of Protection to make decisions for someone who lacks capacity. There are two main types of deputyship:
You’ll need to apply if the person has not made an LPA and now lacks the relevant capacity, which may be due to conditions such as dementia, brain injury, or severe illness.
The application process involves completing several forms, including:
There is a £421 application fee, and if you’re applying for property and financial affairs, you’ll also need a security bond to protect the person’s assets. A Medical professional may also charge a fee for carrying out the capacity assessment.
As a deputy, you must follow the Mental Capacity Act 2005 principles and act in the person’s best interests. Key responsibilities include:
The OPG will supervise your role and may arrange a visit in the first year to ensure everything is running smoothly.
Becoming a deputy can feel overwhelming, but you are not alone.
The OPG provides guidance and supervision, and professional advice is available for complex decisions such as selling property or managing investments.
At Myers & Co, our experienced team can guide you through every stage of the deputyship application process, ensuring your application is accurate, and your ongoing duties are clear. We can also advise on related issues such as care funding and safeguarding.
If you’re considering applying to be a lay deputy, speak to one of our friendly specialists today. Call or make a quick enquiry to get expert advice tailored to your situation.
