LEGAL EAGLE: Deputyship Order – what it is this and what responsibilities it involves

My brother was involved in an accident and suffered a brain injury. He needs to pay for his specialist care placement fees and his social worker has recommended that we apply for a Deputyship Order. What is this and what responsibilities does this involve?
By Andrew Freckleton
Published 16th Apr 2024, 08:00 BST
Deputyship Order will allow someone to manage the health and welfare of someone who needs care.Deputyship Order will allow someone to manage the health and welfare of someone who needs care.
Deputyship Order will allow someone to manage the health and welfare of someone who needs care.

The court can make an order which appoints someone as Deputy to manage the health and welfare, and/or property and financial affairs of an individual who does not have capacity to manage their affairs themselves.

The court expects that any person applying to be appointed as Deputy will have a close connection to the individual lacking capacity, or that they are a qualified professional.

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It is often sensible for a relative or close friend to act as an individual’s Deputy where there is a consensus amongst family members about treatment/financial decisions, or where the individual’s assets are limited in value.

There are certain situations where it may be more appropriate for a professional Deputy to be appointed, instead of a relative. Our experienced team at Ben Hoare Bell LLP may be able to assist and we are happy to provide further information on request.

The role of a financial Deputy carries a lot of responsibility and gives a person authority to “step into the shoes” of the individual lacking capacity, in order to manage their property and financial affairs.

This might include dealing with payments of bills, purchasing significant items (e.g. wheelchairs/therapy equipment), maintaining the individual’s property, ensuring the individual receives all entitled state benefits and helping the individual to financially plan/budget or plan and budget for them.

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This does not mean that a Deputy can spend the individual’s money as if it were their own. Any expenditure must be made for good reasons and in the individual’s best interests, taking into account their wishes and feelings.

A clear record of all payments made on the individual’s behalf should be kept (including receipts) and a yearly report must be completed and sent to the Office of Public Guardian who supervise all Deputies.

Ben Hoare Bell LLP can advise and support you with each step of applying to the Court of Protection for a Deputyship Order.

For further information please contact Ben Hoare Bell LLP solicitors on 0191 565 3112 or email [email protected]