When someone loses mental capacity and is no longer able to make decisions for themselves, it can be difficult or impossible for them to manage their finances properly or take care of their own welfare.  In this situation, a relative or other trusted individual can apply to the Court of Protection to become their deputy.  If the Court grants the request, it is known as a deputyship order.

Two types of deputyship order are available: one for property and financial affairs and one for personal welfare. They are distinct applications and it is not necessary to apply for both types of order.

  • Property and financial affairs


This type of order empowers a deputy to assist with personal finances. This typically includes matters such as managing bank accounts and arranging payment of household bills.

  • Personal Welfare


This type of order empowers a deputy to make decisions about medical treatment and care. This can range from the selection of a care home to live in through to decisions on whether or not life-sustaining treatment is to be provided.

Who is best suited to become a deputy?

Deputies are typically close relatives or friends of the person who is no longer able to make decisions for themselves. A deputy must be over the age of 18.

Several people can apply to become deputies under the same order. This can provide flexibility to cope with changing circumstances if, for example, one of the appointed deputies becomes unable to act themselves.

The Court carefully considers each proposed deputy and their suitability to act. They need to confirm information about their background and provide supporting evidence. If, for example, they have been declared bankrupt one or more times in the past, they need to declare it and provide relevant evidence. The aim of the Court is to appoint appropriate deputies in each case.

How do I obtain a deputyship order?

To apply for a deputyship order, you need to complete a series of forms and submit them to the Court of Protection for their consideration. The information required will differ depending on whether the application is for property and financial affairs or for personal welfare.


What are the core requirements for a deputyship order application?

  • Mental capacity assessment


For either type of order, a mental capacity assessment must be completed by a suitably qualified health or social care professional. This could be a GP, psychiatrist, a social worker from the local authority or an independent social worker.

  • Notifications

    At least three people who are involved with the person who has lost capacity must be notified of the application being made. The notification process provides an opportunity for those not applying to accept the process under way or raise any concerns.
  • Background information

     If the application is for a property and financial affairs order, a detailed breakdown is required of the property, finances, income and expenditure of the person who has lost mental capacity. If the application is for a personal welfare order, a witness statement is required confirming details of the person’s ongoing medical needs, any medication they are taking and reasons why it is essential for a deputy to be appointed.

How long does it take for a deputyship application to be processed?


Once the application has been submitted to the Court, the official guidance is that it takes 4-6 months for the Court of Protection to assess the application and then either request further information or grant the order.


The role of the surety bond

If an order is granted, the appointed deputies must take out a surety bond (also referred to as a “security bond”). This acts as a form of insurance to safeguard the finances of the person who has lost capacity.  The value of the bond is set by the Court and the deputyship order is not released until the bond is in place.  The Court can advise on suitable providers to help set up the bond, which must remain in place for the duration of the deputyship.

Is there an alternative to a deputyship?

Whilst someone still has mental capacity, they may choose to put in place Lasting Powers of Attorney (LPAs). They can appoint relatives, friends or a professional, such as a solicitor, to act as attorneys. Should mental capacity be lost after the LPAs have been put in place, the appointed attorneys can step in and act immediately, meaning that there is no need to apply for a deputyship order.

As with deputyships, there are two types of LPAs, one for property and financial affairs and one for health and welfare.

It is generally recommended that LPAs be created while a person has capacity.  The process is simpler and speedier than a deputyship application.  Having LPAs in place provides peace of mind that the person’s chosen individuals will be able to act for them should this ever be needed.

For more information, please contact our Private Client team today on 01245 228125 or email privateclientenq@gepp.co.uk.