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A Deputy is a person appointed by the Court of Protection to manage the affairs of somebody who lacks the mental capacity to manage them themselves. A Deputy is not be required if the person lacking capacity has previously made a valid Lasting Power of Attorney or Enduring Power of Attorney.
The Deputy is chosen by the Court of Protection and they can only act under the powers given within the court order. The court order sets out the Deputy’s powers and entitles them to act on behalf of the person lacking capacity. This authority can apply to decisions relating to personal welfare and / or the property and finance of the person lacking capacity.
The Deputy must have regard to the content of the court order which may give wide powers or set limits to those powers. In many cases the court will limit the ability to buy and sell property or enter into large items of expenditure and instead require an application for further permission of the court. In view of the costs associated with court applications it is important that you ask for the correct powers within your application and provide evidence in support of your request.
We have extensive experience in both acting as professional panel deputy and in supporting the applications of both lay clients and less experienced professionals.