25th August 2026
When a loved one loses the ability to make certain decisions for themselves and there is no Lasting Power of Attorney (LPA) in place, families are often left wondering what happens next.
In many cases, the Court of Protection can appoint a lay deputy, usually a family member or trusted friend, to help manage important aspects of that person’s life and finances.
Tammy Draycott, Associate Solicitor in our Court of Protection team, at Myers & Co, explains what a lay deputy does, when deputyship may be needed, what the application process involves, and the responsibilities that come with the role.
A lay deputy is someone appointed by the Court of Protection to make decisions on behalf of a person who lacks the mental capacity to make those decisions themselves.
Deputies are commonly appointed following conditions such as dementia, brain injury, learning disabilities, stroke, or other illnesses that affect decision-making ability.
The Court of Protection can appoint deputies in two different areas.
Property and Financial Affairs Deputy
This is the most common form of deputyship and allows a deputy to manage matters such as:
Personal Welfare Deputy
Personal Welfare Deputies are appointed much less frequently and usually only where there are ongoing concerns or disputes regarding an individual’s care.
A welfare deputy may make decisions about:
Whether deputyship is required depends on the individual’s circumstances.
If the person still has mental capacity
The most effective option is usually to put Lasting Powers of Attorney in place. This allows trusted individuals to make decisions in the future if capacity is lost and avoids the need for a Court of Protection application.
If the person has lost capacity and no LPA exists
A deputyship application may be necessary to allow someone to legally manage their affairs.
If support is only needed with benefits
In some situations, a DWP Appointee may be sufficient. This allows someone to manage state benefits on another person’s behalf without applying to the Court of Protection.
Understanding which option is right for your family can be difficult. Seeking advice early can often help avoid delays and ensure the appropriate arrangements are put in place.
An application for deputyship is made to the Court of Protection and involves several documents, including:
As part of the process, certain people connected to the individual, including close family members, must also be formally notified of the application.
Many applications are dealt with by the Court without the need for a hearing, although more complex cases may require additional consideration.
The costs associated with deputyship can include:
Annual supervision fees, currently £320 for general supervision or £35 for minimal supervision cases
A security bond premium, which provides financial protection for the person whose assets are being managed
Some applicants may qualify for fee reductions or exemptions depending on their financial circumstances.
Deputies have significant legal responsibilities and are supervised by the Office of the Public Guardian (OPG).
Deputies are expected to:
While this responsibility can feel daunting initially, many deputies find it becomes more manageable once they understand the requirements and establish good record-keeping practices.
A deputy’s authority to give gifts is limited.
Small gifts may be appropriate where they:
Larger gifts, transfers of capital, or inheritance planning arrangements will usually require approval from the Court of Protection.
Not always.
A deputy’s powers are defined by the Court order. In many cases, authority to sell or purchase property will not automatically be included and a separate application may be required.
Before making decisions involving property, it is important to check the terms of the deputyship order carefully and obtain specialist advice where necessary.
Deputyship applications are often made at a time when families are already dealing with significant change and uncertainty. Understanding the legal process, managing ongoing responsibilities and making important decisions can feel overwhelming without the right support.
At Myers & Co, our Court of Protection team helps families navigate deputyship with clarity and confidence. Whether you are considering an application, need guidance on your responsibilities as a deputy, or require support managing a loved one’s affairs, we can provide practical advice tailored to your circumstances.
Please Give us a call, or make an enquiry to find out how we can help.
